Contracts Act · s 73

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s 73Liability of person to whom money is paid, or thing delivered, by mistake or under coercion

A person to whom money has been paid, or anything delivered, by mistake or under coercion must repay or return it.

Illustrations

(a)

A and B jointly owe $100 to C. A pays the amount to C and B not knowing this fact, pays $100 over again to C. C is bound to repay the amount to B.

(b)

A railway company refuses to deliver up certain goods to the consignee except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive.