Loss of Bargain Law and Legal Definition

Loss of Bargain is a traditional basis upon which damages are assessed. Loss of Bargain refers to the inability to complete a sale or other business deal, caused by another's breach of contract, intentional interference with one's business, negligence or some other wrongdoing. A suit can be filed to determine the monetary damages resulting from the loss. The amount of damages a plaintiff would recover is usually measured at the ‘loss of bargain’ basis.

Loss of bargain is the difference between the value of what is received and its value as represented. [Hininger v. Case Corp., 23 F.3d 124 (5th Cir. Tex. 1994)]

Loss of Bargain is also known as expectation loss.