Legal Definitions - cum sua causa et labe

The Latin phrase cum sua causa et labe translates to "with its advantages and its defects."

This historical legal term signifies that when something is transferred, accepted, or considered, it comes with all its inherent positive attributes (advantages) as well as its inherent negative aspects, burdens, or imperfections (defects). It implies that one cannot selectively accept only the favorable parts while rejecting the unfavorable ones; the item or situation is taken as a whole, with all its inherent characteristics, both good and bad.

• Example 1: Transfer of a Historical Property

  Imagine a medieval lord selling a large tract of land to a knight. The sale was understood to be cum sua causa et labe.

  This means the knight acquired the land not just with its fertile fields, valuable timber, and existing tenant farmers (the advantages), but also with its inherent challenges. These might include an ongoing boundary dispute with a neighboring baron, the responsibility for maintaining an old, dilapidated bridge crossing a river on the property, and existing feudal obligations to the crown (the defects or burdens). The knight could not simply claim the productive parts of the land and ignore the disputes or maintenance duties.

• Example 2: Acceptance of a Royal Charter

  When a burgeoning town in the 16th century petitioned the monarch for a royal charter to establish its own self-governance, the town council accepted the charter cum sua causa et labe.

  The charter granted the town significant autonomy, the right to hold markets, and the power to levy local taxes (the advantages). However, it also came with the obligation to raise and maintain a local militia for defense, to host and provision royal officials when they passed through, and to adhere to certain royal decrees that might be unpopular locally (the defects or burdens). The town gained its freedoms but also took on the associated responsibilities and potential inconveniences.

• Example 3: Inheritance of a Business

  A son inherited his father's struggling but historically significant shipping company, accepting it cum sua causa et labe.

  He inherited the company's established reputation, its network of long-standing clients, and a fleet of ships (the advantages). However, he also took on the company's substantial debts, its aging infrastructure that required significant investment, and a workforce resistant to modernization (the defects). He could not simply take the good reputation and client list while disclaiming the financial liabilities and operational challenges.