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The law of restitution is the law of gains-based recovery. When a court orders restitution it orders the defendant to give up his gains to the claimant.

Since 1991 it has become one of the fastest-growing private law subjects in the common law world and it traditionally focuses on the actionability of unjust losses, whether a tort, breach of contract or breach of trust cause these.

  • Restitution & unjust enrichment
  • Enrichment at the expense of the plaintiff
  • Conferring benefit
  • Benefit conferred without permission
  • 'Reasonable' benefit
  • Restitution & 'quasi contract'
  • Restitution & tort
  • Measures of recovery
  • Mistake
  • Requirement of total failure
  • Free acceptance
  • Defences
  • Defence of estoppel
  • Defence of change of position
  • Counter restitution impossible
  • Illegality
  • Incapacity
  • Bona fide purchaser

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