Law Dictionary Definitions

benevolentia regis habenda (ben-<<schwa>>-v<<schwa>>-len-shee-<<schwa>> ree-jish<<schwa>>-ben-d<<schwa>>). [Latin “the king’s benevolence to be had”] Hist. A fine paid to receive the king’s pardon and a restoration of place, title, or estate.[Blacks Law 8th]

benevolent association.See ASSOCIATION.[Blacks Law 8th]

benefit-of-the-bargain rule. 1. The principle that a party who breaches a contract must pay the aggrieved party an amount that puts that person in the same financial position that would have resulted if the contract had been fully performed. [Cases: Damages  117.] 2. The principle that a defrauded buyer may recover from the seller as…

benefit-of-the-bargain damages.See DAMAGES. [Blacks Law 8th]

benefit of priority filing date.See BENEFIT OF AN EARLIER FILING DATE. [Blacks Law 8th]

benefit of inventory.Civil law. The principle that an heir’s liability for estate debts is limited to the value of what is inherited, if the heir so elects and files an inventory of the estate’s assets. — Also termed bénéfice d’inventaire. [Cases: Descent and Distribution  119.C.J.S. Descent and Distribution §§ 112, 114, 123.][Blacks Law 8th]

benefit of discussion.Civil law. A guarantor’s right to require a creditor to seek payment from the principal debtor before seeking payment from the guarantor. — Also termed (in French law) bénéfice de discussion; (in Scots law) right of discussion. [Cases: Guaranty  42(1), 45, 77(2).] “Benefit of Discussion. By common law a cautioner, bound simply as…

  benefit of counsel.See RIGHT TO COUNSEL(1). [Blacks Law 8th]

benefit of clergy. 1. At common law, the privilege of a cleric not to be tried for a felony in the King’s Court <in the Middle Ages, any man who could recite the “neck verse” was granted the benefit of clergy>. • Although clergy includes monks and nuns as well as priests, there are no…

benefit of cession.Civil law. A debtor’s immunity from imprisonment for debt. • The immunity arises when the debtor’s property is assigned to the debtor’s creditors. See CESSIO BONORUM.[Blacks Law 8th]