Qui sentit commodum, sentire debet et onus – It means he who receives advantage must also bear the burden.
Meaning of the Maxim
Latin: Qui sentit commodum, sentire debet et onus
English: “He who receives the benefit must also bear the burden.”
This is a fundamental principle in law of obligations, particularly in contract law, property law, and equitable remedies. It essentially states that if a person enjoys a benefit arising from a contract, transaction, or arrangement, they must also accept the corresponding responsibilities or burdens associated with it.
Key Points:
Benefit comes with burden – One cannot cherry-pick only the advantages of a legal transaction.
Equitable fairness – Prevents unjust enrichment of a party who accepts benefits without corresponding duties.
Applications – Commonly applied in cases of:
Contractual obligations
Easements and licenses in property law
Agency, trust, or fiduciary relationships
Application in Law
Contract Law
If a party benefits from a contract, they must honor obligations arising from it.
Example: If A leases land to B and B enjoys water supply, B must pay the agreed charges or bear the maintenance costs.
Property Law
Often arises in easements or rights over land.
Example: If someone benefits from a right of way through another’s property, they may need to bear the maintenance cost of that pathway.
Equity / Trust Law
Beneficiaries of trust or fiduciary arrangements must accept corresponding obligations.
Example: A beneficiary who receives income from a trust may also bear any applicable taxes or liabilities.
Illustrative Case Laws
Durga Prasad v. Baldeo
Facts: Party A enjoyed benefits from property in dispute but sought to deny related obligations.
Held: Court applied this maxim and ruled that enjoying benefits entails responsibility for associated burdens.
Chandel v. State of Madhya Pradesh (AIR 1973 MP 18)
Facts: Government provided irrigation facilities to landowners.
Held: Beneficiaries were liable to pay water charges because they enjoyed the advantage of irrigation.
K.K. Verma v. Union of India (AIR 1958 SC 1465)
Principle Applied: If someone accepts government benefit, they cannot avoid conditions attached to it.
Relation to External Law / Principles
Equity Principle:
Similar to “nemo plus iuris ad alium transferre potest quam ipse habet” (No one can transfer more rights than they possess).
Ensures fairness: benefits come with duties.
Indian Contract Act, 1872
Section 70: “Person enjoying benefit of non-gratuitous act must compensate the performer.”
Directly embodies this maxim: if you receive a benefit you are liable for the corresponding obligations.
Common Law:
Principle of “benefit and burden” in trusts and contracts reflects this Latin maxim.
Example: In Re Ellenborough Park [1956] Ch 131, owners of houses benefiting from a park had to contribute to its maintenance.
Conclusion
This maxim reinforces equity and fairness in law. A person cannot enjoy advantages without bearing the responsibilities attached. Courts frequently invoke it to prevent unjust enrichment and ensure that legal benefits are not abused.
RELATED Blog
0 comments