Qui sentit commodum sentire debet et onus
| Literal meaning | He who enjoys the benefit must bear the burden |
|---|---|
| Pronunciation | kwee SEN-tit kom-OH-dum sen-TEE-ray DEB-et et OH-nus |
A person who takes a benefit under a transaction must also accept the burdens that come with it. He cannot take only the good part.
Example
A person takes a gift under a will that also requires him to pay a debt. He must pay the debt to keep the gift.
Case laws
- Halsall v. Brizell (1957), England: the owner who used roads and sewers under a deed was held bound to share in their upkeep.
Statutory link
Section 35 of the Transfer of Property Act, 1882 (election): one who takes a benefit under an instrument must accept the whole instrument.
Exam tip
Asked under the doctrine of election.
Memory trick
Take the cake, take the washing up.
Key takeaway
Whoever takes the benefit must also take the burden.
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