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.
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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