area bargaining
area bargaining 地区性集体谈判 指在特定地理区域内，工会和多个僱主之间进行的集体劳资谈判。 (→collective bargaining)
Search Results for: BARGAIN
failure to bargain collectively
An employer’s refusal to discuss labor issues with a union. [Cases: Labor Relations 388. C.J.S. Labor Relations §§ 153–154, 159–160, 391–395, 397.]
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loss of bargain rule
loss-of-bargain rule. The doctrine that damages for a breach of a contract should put the injured party in the position it would have been in if both parties had performed their contractual duties. [Cases: Damages 117, 120(1). C.J.S. Damages §§ 108–110.]
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catching bargain
An agreement on unconscionable terms to purchase real property from — or loan money secured by real property to — a person who has an expectant or reversionary interest in the property.
good faith bargaining
good-faith bargaining. Labor law. Negotiations between an employer and a representative of employees, usu. a union, in which both parties meet and confer at reasonable times with open minds and with a view to reaching an agreement. • The National Labor Relations Act requires good-faith bargaining, and failure to bargain in good faith is considered
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sentence bargain
A plea bargain in which a prosecutor agrees to recommend a lighter sentence in exchange for a plea of either guilty or no contest from the defendant.
area bargaining
area bargaining. Negotiation of collective-bargaining agreements by a union with several employers in a par-ticular geographic area.
basis of bargain
basis of bargain 交易的基础 根据美国《统一商法典》〔U.C.C.〕第2-313条的规定，与所售商品相关的任何允诺或事实确认均属于交易的基础，并因此设定明示担保。(→essence of the contract)
Bristol bargain
Bristol bargain 〈英〉布里斯托尔合同 1700年詹姆士诉奥德斯案〔James v. Oades〕中认定：「若对100英镑借款，以7年偿还，每年支付20英镑，则通常称之为『布里斯托尔合同’。」若某一协议约定每年支付40英镑，共支付8年，以作为200英镑贷款的对价，则法院可以「显失公平」〔against conscience〕为由宣告贷款合同无效，因为贷款人的利息额只能允许为6％。如法院认定协议为布里斯托尔合同，则贷款人可获11％的利息。如法院将其撤销，则贷款人可获15％的利息。现行的1974年《消费者信贷法》〔Consumer Credit Act〕第137-140条有相关规定，法院认为信贷合同具有高利勒索性的，则有权命令重新缔约，以维护当事人之间的公平。
benefit of the bargain damages
Damages that a breaching party to a contract must pay to the aggrieved party, equal to the amounts that the aggrieved party would have received, including profits, if the contract had been fully performed. — Also termed loss-of-bargain damages. [Cases: Damages 117.]
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