Restitution
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 caused by a tort, breach of contract or breach of trust.
- 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
Included in our fixed annual fee package.
