BENEFIT - Black's Law Dictionary

What is BENEFIT? Definition of BENEFIT in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.

Advantage; profit; fruit; privilege; advantage. Fitch v. Bates, 11 Barb. (N.Y.) 473; Ferrigino v. Keasbey, 93 Conn. 445, 106 A. 445, 447; In re Krause's Estate, 173 Wash. 1, 21 P.2d 268; a pecuniary advantage or profit; gain; ac- count; interest; the whole benefit and entire beneficial interest. Bird v. Newcomb, 170 Va. 208, 196 S.E. 605, 608.

In the Workmen's Compensation Act, the term "benefits" is used of an award to be granted when an injury results in death, and is distinguished from "compensation," which is to be granted when an injury results in incapacity or disability. Di Cicco v. Industrial Commission of Ohio, 11 Ohio App. 271, 273.

In Contracts

When it is said that a valuable consideration for a promise may consist of a benefit to the prom- isor, "benefit" means that the promisor has, in return for his promise, acquired some legal right to which he would not otherwise have been en- titled. Irving v. Irwin, 24 P.2d 215, 216, 133 Cal.

App. 374. Woolum v. Sizemore, 267 Ky. 384, 102 S.W.2d 323, 324.

"Benefit" is not limited to pecuniary gains, nor to any particular kind of advantage; it refers to what is ad- vantageous, whatever promotes prosperity or happiness, what enhances the value of the property or rights of citi- zens as contradistinguished from what is injurious. Hoop- er v. Merchants' Bank & Trust Co., 130 S.E. 49, 52, 190 N.C 423.

In Eminent Domain

It is a rule that, in assessing damages for pri- vate property taken or injured for public use, "special benefits" may be set off against the amount of damage found, but not "general bene- fits." Within the meaning of this rule, general benefits are such as accrue to the community at large, to the vicinage, or to all property similarly situated with reference to the work or improve-

ment in question; while special benefits are such as accrue directly and solely to the owner of the land in question and not to others. Brand v. Union Elevated R. Co., 101 N.E. 247, 249, 258 Ill. 133, Ann.Cas.1914B, 473, L.R.A.1918A, 878.

In Taxation

With reference to an assessment for a drainage ditch, a benefit is anything that will make land more valuable for tillage or more desirable for a residence or more valuable in the general market. Watson v. Armstrong, 180 Ind. 49, 102 N.E. 273.


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