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NeCede's

Maxim 6.6.2

A benefit is not conferred upon one who is unwilling to receive it.

Invito beneficium non datur.

Source: Dig. 50, 17, 69; Broom, Max. 699n; Weisman, 12b Difficulty 1/5 — Foundational

Explanation

No man can be compelled to accept a benefit against his will — and acceptance of an unrequested benefit cannot be used to impose conditions retroactively.

Where this applies

  • The government enrolled me in a benefits program I never asked for and now says I'm bound by its rules.
  • A company gave me a free trial I didn't request and now they're billing me.

Legal domains

constitutionalcontract

See also

Cite this maxim

NeCede Max. 6.6.2 — A benefit is not conferred upon one who is unwilling to receive it. — Dig. 50, 17, 69; Broom, Max. 699n; Weisman, 12b (Invito beneficium non datur.)

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