What is restitution English law?
Related Content. A remedy based upon the principle of unjust enrichment. For the claimant to bring a restitutionary claim, the defendant must have been unjustly enriched at the expense of the claimant.
What are restitutionary remedies?
A restitution remedy is basically a solution that affords some form of award that a plaintiff needs to recover from damages done by a defendant. Such a remedy is calculated on the gains of a defendant instead of the losses of the plaintiff.
What is right of restitution?
Right to Restitution Introduction. The term “restitution” generally refers to restoration of the harm caused by the defendant, most commonly in the form of payment for damages. It can also refer to the return or repair of property stolen or damaged in the course of the crime.
What is the difference between compensation and restitution?
Generally speaking, restitution is dependent on the judge’s ruling, as well as calculations that are made during official court proceedings. On the other hand, crime victim compensation must be applied for, and only certain criminal victims qualify for these programs.
What are restitutionary damages?
Related Content. Damages which aim to strip from a wrongdoer gains made by committing a wrong or breaching a contract. The benefit gained by the wrongdoer may exceed the detriment or loss to the person wronged.
What is indemnification in law?
Indemnification, also referred to as indemnity, is an undertaking by one party (the indemnifying party) to compensate the other party (the indemnified party) for certain costs and expenses, typically stemming from third-party claims.
What is education restitution?
Restitution is a disciplinary action intended to teach students that when they behave inappropriately it is their responsibility to repair the harm, which helps in their personal growth. This philosophy is implemented schoolwide and in the classroom to help students make better decisions and correct mistakes.
What is counter restitution?
In circumstances where one party is claiming recovery of the benefits the other party has unjustly obtained, counter restitution refers to the obligation of the party claiming recovery to repay any benefits they themselves have obtained.
What is the meaning of restitution?
American Jurisprudence 2d edition notes: The word “restitution” was used in the earlier common law to denote the return or restoration of a specific thing or condition.
How does the law respond to restitution for wrongs?
The law responds to each of them by imposing an obligation to pay compensatory damages. Restitution for wrongs is the subject which deals with the issue of when exactly the law also responds by imposing an obligation to make restitution. In Attorney General v Blake, an English court found itself faced with the following claim.
It should be contrasted with the law of compensation, the law of loss-based recovery, in which a court orders the defendant to pay the claimant for their loss. The word “restitution” was used in the earlier common law to denote the return or restoration of a specific thing or condition.
When is restitution an equitable remedy?
Generally, restitution is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to “particular funds or property”).