benefit of discussion
- A privilege enjoyed by a guarantor that enables them to insist that a creditor who is suing them should first take legal action against the main debtor
- The surety invoked the benefit of discussion in an attempt to get the creditor to sue the principal first.
- The surety could not exercise the benefit of discussion since the principal debtor had become insolvent.
- The surety, fearing a lawsuit, asked for the benefit of discussion in order to redirect the creditor's legal attention towards the principal debtor.