Money had and received

An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.

The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.

Where the benefit received by the defendant was services or goods, the appropriate action was a quantum meruit or a quantum valebant, respectively.

The action for money had and received formed a part of the law of quasi-contract.

[1] The terminology of "quasi-contract" has been replaced by the more modern terminology of unjust enrichment in most common law jurisdictions.