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NeCede's

Maxim 5.4.20

That which one has given, knowing it not to be due, with the intention of redemanding it, he cannot recover back.

Source: Dig. 12, 6, 50; Walker v. Hill, 17 Mass. 388; Weisman, 48n Difficulty 2/5 — Approachable

Explanation

(English-origin maxim.) One who knowingly pays what is not owed, intending to demand it back later, cannot recover — the deliberate payment with knowledge forecloses the claim for restitution.

Where this applies

  • A man knowingly overpays his rent by $200 each month planning to demand it back later, but the court refuses to let him recover because he paid voluntarily with full knowledge.
  • A customer deliberately tips a waiter $500 intending to sue for the money back as a test case, but the court holds that the knowing overpayment cannot be reclaimed.
  • A business pays a vendor's inflated invoice without protest, planning to demand a refund later, but the court says a knowing voluntary payment bars recovery.

Legal domains

Cite this maxim

NeCede Max. 5.4.20 — That which one has given, knowing it not to be due, with the intention of redemanding it, he cannot recover back. — Dig. 12, 6, 50; Walker v. Hill, 17 Mass. 388; Weisman, 48n

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