HopefullyInLawSchool
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Simple English definitions for legal terms
money had and received
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A quick definition of money had and received:
Money had and received is a legal term that refers to a type of lawsuit where one person sues another to recover money that was paid by mistake or under compulsion, or for a consideration that failed. It is a way for someone to get back money that they should not have paid or that the other person should not have received. It is like asking for your money back when you accidentally paid for something twice or when you paid for something that was not delivered.A more thorough explanation:
Definition: Money Had and Received is a legal action by which a plaintiff can recover money paid to the defendant, usually because the money was paid by mistake or under compulsion, or the consideration was insufficient.
Example: If a person accidentally pays their rent twice, they can bring an action for money had and received to recover the extra payment from their landlord.
Explanation: In this example, the person paid their rent twice by mistake, and the landlord received the extra payment. The person can bring an action for money had and received to recover the extra payment because it was paid by mistake and the landlord did not have a legal right to keep it.