Maxim 6.6.5
He who receives the benefit should also bear the burden.
Qui sentit commodum, sentire debet et onus.
Source: 1 Co. 99; Broom, Max. 706-713; 1 Kames, Eq. 289; 1 Story, Const. 78
Difficulty 1/5 — Foundational
Explanation
Benefit and burden are inseparable — a government that claims the benefit of authority must also bear the burden of its fiduciary duties.
Where this applies
- The government wants the benefit of taxing me but doesn't want the burden of protecting my rights.
- A company enjoys the profits of doing business in my state but refuses to follow state consumer laws.
Legal domains
See also
Cite this maxim
NeCede Max. 6.6.5 — He who receives the benefit should also bear the burden. — 1 Co. 99; Broom, Max. 706-713; 1 Kames, Eq. 289; 1 Story, Const. 78 (Qui sentit commodum, sentire debet et onus.)
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