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NeCede's

Maxim 9.6.2

Good faith does not permit the same thing to be demanded twice.

Bona fides non patitur ut bis idem exigatur.

Source: Dig. 50, 17, 57; 9 Co. 53; Broom, Max.; Weisman, 50a; Weisman, 50e Difficulty 1/5 — Foundational

Explanation

A party who has received satisfaction cannot in good faith demand it again; double recovery is repugnant to equity and conscience.

Where this applies

  • They already collected payment once and now they're trying to charge me again.
  • The other side is demanding double compensation for the same thing.
  • They got what they were owed but they're asking for it a second time.

Topics

Good Faith

Legal domains

contractequity

See also

Cite this maxim

NeCede Max. 9.6.2 — Good faith does not permit the same thing to be demanded twice. — Dig. 50, 17, 57; 9 Co. 53; Broom, Max.; Weisman, 50a; Weisman, 50e (Bona fides non patitur ut bis idem exigatur.)

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