repetition

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repetition

in 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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Moreover, with increasing repetitiveness and decreasing cycle time, manufacturers are able to achieve economies of scale leading to lower production costs.
Given the book's heft and repetitiveness, however, Indian exceptionalism may well be what most readers take away from it.
We overlook his occasional repetitiveness and instead celebrate his wish to position the process of remembering where it belongs: at the forefront of the human experiment.
198), and some repetitiveness (e.g., opening paragraph of chapter two) spotted in this otherwise superb volume, but one eagerly awaits the remaining volumes and hopes they soon appear.
There was a repetitiveness to his life that I began to understand was religious.
This is a book that has a message, and it delivers that message with the directness and repetitiveness of an intervention.
The features have been introduced to solve the problems of over-complexity and repetitiveness through flashbacks.
The machine also creates pretty exact mixes which is good for people who would want consistency and repetitiveness of flavour.
One thing more important would have been ensuring that the game's glitches, poor presentation and repetitiveness were sorted out.
For the rest, it's a romantic notion quickly dispelled by the harsh reality of our landscape and the gruelling repetitiveness of the work.
Therefore, it must be right if it has stood the test of time and repetitiveness! Finding what works well is good; thinking that is the only viable way to accomplish a goal leads us to the trap of complacency.
INITIALLY I was struck by the chirpy repetitiveness of Linkin Park's new album, Living Things.