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NeCede's

Maxim 4.6.18

Whose is the advantage, his also should be the disadvantage.

Source: Black's, 2d. 304; Weisman, 61r Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) He who enjoys the benefit must also bear the burden — cite this to prevent a party from claiming the advantages of a transaction while disclaiming its corresponding obligations.

Where this applies

  • A company enjoys the tax benefits of a government incentive program but refuses to comply with the program's employment requirements; the court holds that whoever takes the advantage must also bear the associated burden.
  • A landowner benefits from a public drainage system that protects his property from flooding but refuses to pay the assessment; the court rules he must bear the cost because the advantage and disadvantage go together.
  • A partner takes a disproportionate share of profits but tries to avoid contributing to losses; the court holds that whoever enjoys the advantage must also accept the disadvantage.

Legal domains

Cite this maxim

NeCede Max. 4.6.18 — Whose is the advantage, his also should be the disadvantage. — Black's, 2d. 304; Weisman, 61r

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