Simple English definitions for legal terms
Read a random definition: subsequent creditor
The benefit-of-the-bargain rule means that if someone breaks a promise they made in a contract, they have to pay the other person enough money to make up for what they lost because of the broken promise. This way, the person who was hurt by the broken promise is in the same position they would have been in if the promise had been kept.
The benefit-of-the-bargain rule is a principle that states that if one party breaches a contract, they must pay the other party an amount that compensates them for the financial loss they suffered as a result of the breach. This amount should be enough to put the aggrieved party in the same financial position they would have been in if the contract had been fully performed.
For example, let's say that John hires a contractor to build a deck on his house for $10,000. The contractor starts the work but then abandons the project halfway through, leaving John with an unfinished deck. In this case, John can sue the contractor for breach of contract and ask for damages under the benefit-of-the-bargain rule. If it would cost $15,000 to hire another contractor to finish the deck, John can ask the court to order the original contractor to pay him $5,000 to cover the difference.
Another example could be a situation where a company hires an employee with a specific set of skills and experience, but the employee turns out to be unqualified for the job. If the company can prove that they suffered financial losses as a result of the employee's incompetence, they may be able to sue the employee for breach of contract and ask for damages under the benefit-of-the-bargain rule.
These examples illustrate how the benefit-of-the-bargain rule works in practice. It ensures that parties to a contract are held accountable for their actions and that the aggrieved party is compensated for any financial losses they suffer as a result of a breach of contract.