benefit-of-the-bargain rule - Legal Definition
Webster's New World Law Dictionary Copyright © 2010 by Wiley Publishing, Inc., Hoboken, New Jersey.
- In breach of contract cases, the principle that the aggrieved party is entitled from the party who breached the contract to everything that he would have received, including profits, if the breach had not occurred.
- In cases involving fraud or misrepresentation of the value of property, the principle that the defrauded party is entitled to damages equal to the difference between the misrepresented value and the lower amount that represents the true value of the property. Also called loss of bargain. See also out-of-pocket rule.
Used by arrangement with John Wiley & Sons, Inc.