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Liability for an unjust enrichment arises irrespective of wrongdoing on the part of the recipient, though it may affect available remedies. And restitution can also be ordered for wrongs (also called "waiver of tort" because election of remedies historically occurred when first filing a suit). This may be treated as a distinct basis for ...
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into the millions of dollars, it would be uncomfortable to subject citizens ...
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.
A Missouri family has been awarded $310 million in damages after their 14-year-old son was killed riding a freefall amusement park ride in Florida in 2022. An Orange County jury in Florida reached ...
In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. [40]
Until the Common Law Procedure Act 1854 came into effect in England and Wales, a defendant was able to exercise an option of paying damages instead of restoring the actual goods. [ 27 ] Section 65 of the Tribunals, Courts and Enforcement Act 2007 made provision for the common law rules governing replevin in England and Wales to be replaced ...
An incoming Missouri lawmaker has introduced a bill which would offer citizens a “bounty” for turning in illegal migrants. State Sen.-elect David Gregory, a Republican recently elected to ...
If the plaintiff has shown that the defendant is liable, the main remedy in a civil court is the amount of money, or "damages", which the defendant should pay to the plaintiff. [2] Alternative civil remedies include restitution or transfer of property, or an injunction to restrain or order certain actions.