benefit-of-the-bargain rule
- benefit-of-the-bargain rule
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Webster's New World Law Dictionary.
Susan Ellis Wild.
2000.
Look at other dictionaries:
benefit of the bargain — benefit of the bargain: the advantage that would be or have been gained under a contract if completed as agreed; specif: the difference between the actual value of property and the value of property as it is represented in case of… … Law dictionary
bargain — bar·gain 1 n often attrib [Old French bargaigne negotiation, haggling, from bargaignier to haggle] 1: an agreement between parties that settles what each gives or receives (as a promise or performance) in a transaction between them compare… … Law dictionary
benefit of bargain rule — The rule of damages that a person who purchases in reliance upon fraudulent representations of the seller is entitled, in an action against the seller for the fraud, to recover as damages the difference between the real and the represented value… … Ballentine's law dictionary
benefit — Advantage; profit; fruit; privilege; gain; interest. The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive. Graphic Arts Finishers, Inc. v. Boston Redevelopment Authority,… … Black's law dictionary
benefit — Advantage; profit; fruit; privilege; gain; interest. The receiving as the exchange for promise some performance or forbearance which promisor was not previously entitled to receive. Graphic Arts Finishers, Inc. v. Boston Redevelopment Authority,… … Black's law dictionary
out-of-pocket rule — n. The principle that the damages in a breach of contract or warranty case should constitute the difference between what was paid for the goods or services and what their actual value is. See also benefit of the bargain rule. Webster s New World… … Law dictionary
The Seal of Confession — The Law of the Seal of Confession † Catholic Encyclopedia ► The Law of the Seal of Confession In the Decretum of the Gratian who compiled the edicts of previous councils and the principles of Church law which he published about 1151,… … Catholic encyclopedia
out–of–pocket rule — n: a measure of damages from fraud used in some jurisdictions that is based on the difference between the amount paid by the plaintiff and the market value of the thing paid for rather than the value attributed by the defendant compare benefit of … Law dictionary
out-of-pocket-loss rule — A rule of damages for fraud in misrepresentation of value, quality, or condition of property, that the defrauded party is entitled not to the benefit of the bargain, but only to the amount that he is out of pocket by reason of the fraud, which is … Ballentine's law dictionary
HISTORICAL SURVEY: THE STATE AND ITS ANTECEDENTS (1880–2006) — Introduction It took the new Jewish nation about 70 years to emerge as the State of Israel. The immediate stimulus that initiated the modern return to Zion was the disappointment, in the last quarter of the 19th century, of the expectation that… … Encyclopedia of Judaism