Written by attorneys · grounded in primary & secondary sources — see below
A benefit or advantage conferred upon or received by a person or entity. The term identifies the recipient of a legal or equitable advantage arising from a transaction, relationship, or privilege.
Sources & Authorities· 30 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Deed of Trust Secures Lender Advantage
Bharat Bhatia borrowed funds from Barclay Financial to purchase land. He executed a deed of trust conveying title to a trustee. The trustee held the title until repayment for the behoof of Barclay Financial, giving the lender the advantage of foreclosure upon default while Bharat retained possession.
Ex Parte Contact Creates No Advantage
Judge Blake Butler received an ex parte scheduling call from counsel for Beatrice Brown. He confirmed that the call would not give any party a procedural or substantive behoof and promptly notified the other side of the substance.
Bianca Baker promised to pay a supplier if Benson Motors performed services for Bruce Baldwin. The circumstances showed Bianca intended Bruce to receive the behoof of the supplier's performance.
Landlord Repairs Common Areas
Bay Area Systems leased residential units to several tenants. The landlord retained control of the hallways and kept them safe and in repair for the behoof of all tenants as required by the lease terms.
Entry Prevents Harm to Another
Bianca Blanco entered Birchwood Apparel's vacant lot to extinguish a spreading fire that threatened a neighbor's building. The entry was necessary for the behoof of the neighbor to prevent serious harm to the neighbor's property.
Member Holds Derived Advantage
A member of a limited liability company received a profit from a transaction involving company assets. The member was required to account for and hold that behoof as trustee for the company.
Common questions
Frequently Asked
3
How does behoof differ from a mere contractual promise?+
Behoof identifies the actual advantage or benefit received by a designated recipient, whereas a contractual promise creates an obligation without necessarily conferring that advantage until performance occurs.
Supporting sources
Can behoof arise in property security instruments?+
Yes. In a deed of trust the trustee holds title for the behoof of the lender, allowing the lender to realize the advantage of foreclosure upon default while the borrower retains possession and redemption rights.
Supporting sources
Does behoof require an express statement in a lease?+
No. A landlord's obligation to maintain areas for the behoof of tenants arises by default under the Restatement unless the parties validly agree otherwise.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…the patent is recorded and clerks can be called to prove that fact. Similarly, if a private act of Congress had passed for one's benefit and a copy was needed in court, the clerks could prove the act is among the rolls. The court ordered the witnesses to be sworn and their answers to be taken in writing, informing them they…