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Authors

Colin E. Flora

Abstract

In the two centuries since its inception, the voluntary payment doctrine has become a powerful instrument for defendants to resist the repayment of money not rightfully owed.  This Article examines the origins, evolution, modern application, and approaches to defeat the application of the doctrine.  The Article aspires to provide practitioners with the tools necessary to navigate their clients’ cases through the treacherous waters of the voluntary payment doctrine by seeing how the doctrine is applied throughout the many American jurisdictions, the underlying rationales, and the ways that litigants have been able to defeat its application.  The Article also includes tables to act as reference points for busy practitioners.

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