Free Acceptance

Free acceptance, a defendant who 'freely accepts' goods or services may be held to have been enriched thereby. A free acceptance has been stated to occur where a recipient knows that a benefit is being offered to him non-gratuitously and where he, having the opportunity to reject, elects to accept so that 'when a defendant has passed up an opportunity to reject a benefit knowing that it was not offered gratuitously he has only himself to blame for the resulting situation, Birks an Introduction to the Law of Restitution, (1985) P 114. See also Halsbury's Laws of England, Vol. 40(2) para 1315, p. 610.