Legal Definitions - bargain

In legal terms, the word "bargain" refers to a mutual agreement or exchange where each party provides something of value to the other. This concept appears in two distinct areas of law: contract law and criminal law.

In Contract Law

In contract law, a bargain is a voluntary agreement between two or more parties where each side promises to give or do something in exchange for something else. This "something else" is known as consideration, and it can take many forms, such as money, goods, services, or even a promise to perform a future action. While all contracts involve a bargain, not all bargains necessarily form a legally enforceable contract. For an agreement to be a contract, the consideration must be legally sufficient and the transaction itself must be legal.

• Example 1 (Valid Bargain Leading to a Contract):

  A small business owner needs a new website. They agree to pay a web designer $2,500 to create and launch the site within six weeks. The business owner offers money, and the web designer offers their professional services. This is a clear bargain where both parties exchange something of value, forming a legally binding contract.

• Example 2 (Bargain Not Leading to a Contract):

  Two individuals agree that one will help the other illegally download copyrighted movies in exchange for a share of the profits from selling those movies. While there is an exchange of services for a promise of money, the underlying transaction involves illegal activity (copyright infringement). Therefore, despite being a "bargain" in the sense of an exchange, it would not be recognized as a legally enforceable contract.

In Criminal Law

In criminal law, "bargain" typically refers to agreements made between a prosecutor and a criminal defendant to resolve a case without a full trial. The most common forms are plea bargaining and fact bargaining.

• Example 3 (Plea Bargaining):

  A person is charged with felony assault. After negotiations, the prosecutor offers to reduce the charge to misdemeanor battery if the defendant agrees to plead guilty. In exchange for the defendant's guilty plea, they receive a less severe charge and potentially a lighter sentence than they might face if convicted of the felony at trial. This is a plea bargain, where the defendant gives up their right to a trial in exchange for a more favorable outcome.

• Example 4 (Fact Bargaining):

  During a complex financial fraud case, the prosecution and the defense agree that certain financial statements submitted as evidence are authentic and accurately reflect the company's records. In return, the prosecutor agrees not to introduce other, less conclusive documents that might confuse the jury or portray the defendant in an unnecessarily negative light. This agreement on specific facts helps streamline the trial and focuses on the most relevant evidence, illustrating a fact bargain.