benefit of the bargain rule

benefit-of-the-bargain rule.

1. The principle that a party who breaches a contract must pay the aggrieved party an amount that puts that person in the same financial position that would have resulted if the contract had been fully performed. [Cases: Damages 117.]

2. The principle that a defrauded buyer may recover from the seller as damages the difference between the value of the property as represented and the actual value received. — Also termed benefit-of-bargain rule. Cf. OUT-OF-POCKET RULE. [Cases: Fraud 59(2).]

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词条贡献者

资深译员Daniel，国际知名法学院法律英语专业，擅长翻译涉及工程与建设领域的法律文件。