He who approbates does not reprobate, [it is an unsound argument to both accept and reject the same thing.].

Explanation

(English-origin maxim.) A party who accepts the benefits of an instrument or transaction may not simultaneously reject its burdens — he must take the whole or none.

Where this applies

• A wife accepts her share of an inheritance under a will but then challenges the clause that gives the family home to her sister — the court says she must take the whole will or none of it.
• A contractor accepts progress payments under a construction contract but then refuses to follow the dispute-resolution clause in the same contract — he cannot enjoy the benefits while rejecting the burdens.
• A tenant accepts a rent reduction offered in a lease amendment but refuses to comply with the new pet restriction added in the same amendment — approbation of one part means acceptance of all.