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.
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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