Does a defendant have to suffer for his generosity if he accepts that which he was not at liberty to refuse?
Saskatchewan, Canada
The following excerpt is from McKissick v. Hall, 1928 CanLII 189 (SK CA):
The defendant had no opportunity to refuse the payment of the freight, nor the feeding of the cattle, on the part of the plaintiffs, and the mere fact that he accepted that which he was not at liberty to refuse, is not evidence of his adoption or ratification of the payment. In the words of Brett, M.R., in Leigh v. Dickeson (1885) 15 Q.B.D. 607, 54 L.J.Q.B. 18: One who has made such a voluntary payment must suffer for his generosity.
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