Legal Definitions - indebiti solutio

Indebiti solutio is a Latin legal term that refers to the act of making a payment or performing an obligation under the mistaken belief that it is legally owed, when in reality, no such debt or obligation exists. Essentially, it describes a situation where a person provides money, goods, or services to another party erroneously, believing they are fulfilling a legal duty. In many legal systems, the person who received the mistaken payment has a duty to return or restore what was received.

Here are some examples to illustrate this concept:

• Utility Bill Overpayment: A homeowner receives their monthly electricity bill and, due to a clerical error by the utility company, is accidentally charged twice for the same period. The homeowner, not noticing the duplicate charge, pays the full amount listed on the bill. The second payment for the same period constitutes an indebiti solutio because the homeowner did not actually owe the utility company for the same service twice. The homeowner would typically be entitled to a refund for the overpayment.
• Payment for a Canceled Order: A small business places an order for office supplies from a vendor but cancels it a few days later before the supplies are shipped. However, due to an administrative oversight, the business's accounting department mistakenly processes and sends payment for the canceled order. This payment is an indebiti solutio because no goods were received, and therefore, no debt was owed to the vendor for that specific order. The business would have a claim to recover the funds.
• Mistaken Identity in Medical Billing: An individual receives a medical bill for a procedure they did not undergo, due to a mix-up with another patient who has a similar name. Believing it is for a legitimate service they received, the individual pays the bill. This payment is an indebiti solutio because the individual did not owe the medical facility for that particular service. Upon discovering the error, they would typically be able to recover the money paid.