Commodum

I. Advantage, benefit or profit. Coramodum ejus esse debet cujus periculum est: he who runs the risk ought to have the profit. Commodum ex injuria sua nemo habere debet: no man ought to profit by his own wrong, v. Cujiis est, etc.; Nerno ex, etc.; Secundum, etc.; Vh ne, etc.

Convenience, benefit, advantage..Wullus commodum capere potest de injuria sua propria. No one advantage shall take of his own wrong-doing — as a cause of action or of defense. Applies where a partner retires from a firm, and fails to give notice of the change; where a person inadvertently or fraudulently mingles grain of his own with higher-priced grain belonging to another; where a tenant for years or for life cuts down trees and then claims them; where a grantor attempts to dispute the validity of the title he has conveyed; where one party binds another to a condition impossible to be performed, or does something to prevent or hinder performance. The maxim apphes only to the extent of undoing an advantage gained against the right of another, not to taking away a right previously possessed.* Thus, also, an admission, whether of law or of fact, which has been acted upon by another, is concliisive against the person who made it.* Qui sentit commoduni, sentire debet et onus. He who enjoys the benefit, ought also to bear the burden. He who enjoys the advantage of a right takes the accompanying disadvantage — a privilege is subject to its condition. Illustrated in the rights and liabi Uties arising out of the relation of principal and agent, grantor and grantee, lessor and lessee, attorney and client, husband and wife, innkeeper and guest, a carrier and the public — the principle pervades the law in all its branches.' On this principle rests the law of alluvion: the > L. commodue, convenience. 2 [Portland Bank v. Apthorp, 12 Mass. 266 (1816), Parker, C. J. 3 Commonwealth v. Lancaster Savings Bank, 123 Mass. 495 (1878); Connecticut Ins. Co. v. Conunonwealth, 138 id. 163 (1882); Gleason v. Mc Kay, 134 id. 424-26 (18;3), cases; Hamilton Company t>. Massachusetts, 6 Wall. 640 (1867); 24 How. Pr. 492. * See Broom, Max. •279; State k. Costin, 89 N. C. 616 (1883). « See 1 Greenl. Ev. §§ 207-9. Louanstein, 37 N. J. E. 305 (1883); owner takes the chances of injury and of benefit arising from situation.' Compare Onus, Cum onere.

I. Advantage, profit. debet cujus periculum est: he who runs have the profit. Commodum ex injuria debet: no one ought to profit by his own

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.