Duhaime's Law Dictionary


Cuicunque Aliquis Quid Concedit Concedere Videtur Et Id Sine Quo Res Ipsa Esse Non Poluit Definition:

Latin: Whoever grants a thing is supposed also tacitly to grant that without which the grant itself would be of no effect.

The maxim is readily demonstrated. For example, A sells to B a piece of land which has as sole access to the main road, a pathway through A;s land. B, upon taking possession is told by A that he does not have access through A's land. That would have to be bought separately!

B would plead cuicunque aliquis quid concedit concedere videtur et id sine quo res ipsa esse non poluit as his real property is useless without access through A's property.

In Pwllbach Colliery Company v. Woodman, Justice Parker wrote:

"The principle is expressed in the legal maxim lex est cuicunque aliquis quid concedit concedere videtur et id sine quo res esse non poltest.

"Thus the right of drawing water from a spring necessarily involves the right of going to the spring for the purpose."

In Troncone v Aliperti, Justice Mahoney wrote:

"It is a fundamental principle of construction that whoever grants a thing is deemed also to grant that without which the grant itself would be of no effect (cuicunque aliquis quid concedit concedere videtur et id sine quo res ipsa esse non potuit)."

REFERENCES:

  • Pwllbach Colliery Company v. Woodman, [1915] AC 634
  • Troncone v Aliperti, (1994) 6 BPC 97455 (page 13,291; 1994)

Categories & Topics:


Always looking up definitions? Save time with our search provider (modern browsers only)

If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!