9 Questions
What is the law of restitution also known as?
The law of gains-based recovery
What is the difference between the law of restitution and the law of compensation?
The law of restitution is gain-based while the law of compensation is loss-based
What are the two types of disgorgement legal remedies?
Quantum meruit and unjust enrichment
What is the cap for restitution damages if they exceed the contract price?
Capped at the contract price
What is the orthodox view on the law of restitution?
It is dependent on the principle of unjust enrichment only
When can an obligation to make restitution be triggered instead of compensation?
Only in cases of intentional torts or breaches of fiduciary duty
Is restitution for breach of contract widely available in English law?
No
What does the Uniform Commercial Code entitle a buyer who defaults?
Restitution of the buyer's deposit to the extent it exceeds reasonable liquidated damages or actual damages
What is the purpose of restitution in certain situations?
To restore the benefit conferred to the non-breaching party
Study Notes
Law of Restitution: Summary
- The law of restitution is also known as the law of gains-based recovery.
- It is different from the law of compensation, which is the law of loss-based recovery.
- Restitution can be either a legal or an equitable remedy, depending on the basis of the plaintiff's claim and the remedies sought.
- Unjust enrichment and quantum meruit are types of disgorgement legal remedies.
- Restitution restores the benefit conferred to the non-breaching party and is capped at the contract price if the restitution damages exceed it.
- The orthodox view is that the law of restitution is dependent on the principle of unjust enrichment, but it can be triggered by any one of a variety of causative events.
- Wrongful acts can trigger an obligation to make restitution instead of compensation.
- Restitution for breach of fiduciary duty is widely available, but restitution for breach of contract is fairly exceptional in English law.
- Cases of intentional torts or breaches of fiduciary duty often allow for claims of unjust enrichment.
- The Uniform Commercial Code entitles a buyer who defaults restitution of the buyer's deposit to the extent it exceeds reasonable liquidated damages or actual damages.
- The United Nations has a set of principles on the law of restitution.
- Restitution can be an effective remedy in certain situations where compensation is insufficient.
Test your knowledge of the Law of Restitution with this quiz! From understanding the difference between gains-based and loss-based recovery to identifying the various types of legal and equitable remedies, this quiz will put your understanding of restitution to the test. Explore the principles of unjust enrichment, breach of fiduciary duty, and intentional torts, and discover the situations where restitution may be more effective than compensation. Whether you're a law student or just interested in legal concepts, this quiz is a great way to expand
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