free acceptance

free acceptance

in the law of restitution

1 the name given by the commentators to the argument against subjective devaluation that the defender, although he does not consider the alleged value actually to be valuable, nonetheless, having the opportunity to refuse it, accepted it.

2 an argument against the defence that a given enrichment is not unjust, to the effect that it is unjust that the defender should be allowed to refrain from making restitution because he, having the opportunity to reject the enrichment, accepted it. The concept appears in the works of the leading commentators, but its scope and effect and, indeed, existence are often disputed.