Can a party that pays a sum they are not otherwise obligated to pay because of a "practical compulsion" recover that money under the doctrine of money had and received?
British Columbia, Canada
The following excerpt is from Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2016 BCSC 1303 (CanLII):
A party that pays a sum they are not otherwise obligated to pay because of a “practical compulsion” can recover that money under the doctrine of money had and received (Eadie v. Brantford (Township), 1967 CanLII 13 (SCC), [1967] S.C.R. 573 at 581).
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