Duhaime's Law Dictionary


Cujus Est Commodum Ejus Debet Esse Incommodum Definition:

Latin: Whose is the advantage, his also should be the disadvantage.

Related Terms: Rule in Allhusen v. Whittel

Also often presented as Cuius est commodum eius debet esse incommodum (with a "i" rather than an "j") and sometimes rendered as:

"He who receives benefit should also bear the advantage."

Cujus est commodum ejus debet esse incommodumIn Re Liberal Petroleums Trust, Justice Egbert of the Alberta Court of Queen's Bench had occasion to consider the rule in Allhusen v. Whittell and in that context, use the following words:

"The rule has as its foundation the equitable maxim cujus est commodum ejus debet esse incommodum, which translated means whose is the advantage, his also should be the disadvantage or, in other words, he who gets the benefit must bear the burden."

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