restitutionˌrɛs tɪˈtu ʃən, -ˈtyu-
restitution (n)
English Definitions:
damages, amends, indemnity, indemnification, restitution, redress (noun)
a sum of money paid in compensation for loss or injury
restitution (noun)
the act of restoring something to its original state
restitution, return, restoration, regaining (noun)
getting something back again
"upon the restitution of the book to its rightful owner the child was given a tongue lashing"
restitution (Noun)
A process of compensation for losses.
restitution (Noun)
The act of making good or compensating for loss or injury.
restitution (Noun)
A return or restoration to a previous condition or position.
Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his or her loss. This type of damages restores the benefit conferred to the non-breaching party . Simply, the plaintiff will get the value of whatever was conferred to the defendant when there was a contract. There are two general limits to recovery, which is that a complete breach of contract is needed, and the damages will be capped at the contract price if the restitution damages exceed it. The orthodox view suggests that there is only one principle on which the law of restitution is dependent, namely the principle of unjust enrichment. However, the view that restitution, like other legal responses, can be triggered by any one of a variety of causative events is increasingly prevalent. These are events in the real world which trigger a legal response. It is beyond doubt that unjust enrichment and wrongs can trigger an obligation to make restitution. Certain commentators propose that there is a third basis for restitution, namely the vindication of property rights with which the defendant has interfered. It is arguable that other types of causative event can also trigger an obligation to make restitution.
Restitution
The law of restitution is the law of gains-based recovery, in which a court orders the defendant to give up their gains to the claimant. 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.
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"restitution." Kamus.net. STANDS4 LLC, 2024. Web. 19 Mar. 2024. <https://www.kamus.net/english/restitution>.
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