Actio Commodati Contraria Law and Legal Definition

Actio commodati contraria means an action available for a borrower against a lender for the recovery of extraordinary expenses in connection with the loan or for the damages caused by the lender’s mistake. Here the borrower can either compel the performance of the contract or damages for the breach of the contract. Such a counterclaim was available to the borrower depending on whether or not its specific requisites had been met in each individual case.