repetition(redirected from Diaphora)
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repetitionin Scots law the claim for payment of a sum of money the same as that which has been paid to the defender by the pursuer on the basis that it was not due, principal instances being where the purpose of the payment has failed or a debt was paid which was not due.
REPETITION, construction of wills. A repetition takes place when the same testator, by the same testamentary instrument, gives to the same legatee legacies of equal amount and of the same kind; in such case the latter is considered a repetition of the former, and the legatee is entitled to one only. For example, a testator gives to a legatee "œ30 a year during his life;" and in another part of the will he gives to the same legatee "an annuity of œ3O for his life payable quarterly," he is entitled to only one annuity of thirty pounds a year. 4 Ves. 79, 90; 1 Bro. C. C. 30, note.
REPETITION, civil law. The act by which a person demands and seeks to
recover what he has paid by mistake, or delivered on a condition which has
not been performed. Dig. 12, 4, 5. The name of an action which lies to
recover the payment which has been made by mistake, when nothing was due.
2. Repetition is never admitted in relation to natural obligations which have been voluntarily acquitted, if the debtor had capacity to give his consent. 6 Toull. n. 386. The same rule obtains in our law. A person who has voluntarily acquitted a natural or even a moral obligation, cannot recover back the money by an action for money had and received, or any other form of action. D. & R. N. P. C. 254; 2 T. R. 763; 7 T. R. 269; 4 Ad. & Ell. 858; 1 P. & D. 253; 2 L. R. 431; Cowp. 290; 3 B. & P. 249, note; 2 East, R. 506; 3 Taunt. R. 311; 5 Taunt. R. 36; Yelv. 41, b, note; 3 Pick. R. 207; 13 John. It. 259.
3. In order to entitle the payer to recover back money paid by mistake it must have been paid by him to a person to whom he did not owe it, for otherwise he cannot recover it back, the creditor having in such case the just right to retain the money. Repetitio nulla est ab eo qui suum recepit.
4. How far money paid under a mistake of law is liable to repetition, has been discussed by civilians, and opinions on this subject are divided. 2 Poth. Ob. by Evans, 369, 408 to 487; 1 Story, Eq. Pl. Sec. 111, note 2.
REPETITION, Scotch law. The act of reading over a witness deposition, in order that he may adhere to it, or correct it at his choice. The same as Recolement, (q.v.) in the French law. 2 Benth. on Ev. B. 3, c. 12, p. 239.