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Commodum

A New Law Dictionary and Glossary · Alexander M. Burrill · 1850

A New Law Dictionary and Glossary

Lat. Advantage, benefit or profit. Conmodnm ex iidHa !! § habere debet. No man ought to have advantage [to derive benefit] from his own wrong.

Jenk. Cent 161.

Cajm est ema Mdamj 4tebet esse ta- 4ani. Whose the advantage is, his ought the disadvantage to be. He who has the benefit of a thing ought also to be subject to the disadvantage of it.

1 Karnes* Equity t 289.

This maxim is more frequently expressed in the hexameter Une, Qai sentit commodum, sentire debet et onus. Secv Bdnm Mataram est cniai 4aciijaaae vei east aevaiaemeacntar iacoaftmeda. It is according to nature that the advantages of a thing should follow hun who is to be subject to its disadvantages.

Dig. 50. 17. 10.

This maxim of the civil law embodies the converse of the preceding, and is applied by Bracton in the following passage. Ipsum sequi debent commoda quern sequuntur incommoda, et commodum efus esse dehehit eujus est periculum; the advantages [attending a sale before delivery] ought to attach to him who is subject to the disadvantages; and the benefit [arising from an accidental increase of value during that interval] ought to be his who takes the risk loss during the same interval.] Bract. !of bl.

62.