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NeCede's

Maxim 4.6.25

The law favors mutual recompense.

Source: Wing. Max. 100; Weisman, 61h Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) The law prefers that obligations flow both ways — where one party has conferred a benefit, the other ought to render an equivalent return. This principle undergirds the common-law doctrine of consideration and prevents one-sided exactions by ensuring that every enforceable agreement rests on mutual exchange.

Where this applies

  • A contractor builds a deck for a homeowner but is never paid; the court enforces payment because the law favors mutual recompense — the one who receives the benefit must render the equivalent return.
  • A supplier delivers goods on credit, and the buyer refuses to pay; the court orders compensation because the law insists that obligations flow both ways.
  • An employee works overtime at her employer's request but is denied extra pay; the court awards back wages because the law favors mutual exchange — service rendered demands compensation in return.

Legal domains

Cite this maxim

NeCede Max. 4.6.25 — The law favors mutual recompense. — Wing. Max. 100; Weisman, 61h

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