CHANCE BARGAIN

chance bargain.Contracts. A transaction in which the parties mutually agree to accept the risk that facts and circumstances assumed by the parties at the time of contracting may not actually be what the parties believe they are. • If no fraud or misrepresentation is involved, a court will uphold a chance bargain. For instance, in a chance bargain involving a land swap, each deed may describe a tract as containing a number of acres “more or less.” If the tract is actually larger than described, the seller can’t demand more money for the excess. And if the tract is actually smaller, the disappointed buyer cannot ask for a reduced price to make up for the deficiency. [Blacks Law 8th]