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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained.
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime.
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.
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.
It may not be possible to account for B's total enrichment in the fullness of time with a high degree of accuracy, but if B's profits made using P's money are calculable, the measure of B's profit disgorgement may accurately reflect a fair restitution for P when added to damages from the diminution of the contract fund.
This article originally appeared on USA TODAY: NWSL settlement includes $5M restitution fund for abused players. Show comments. Advertisement. Advertisement. In Other News. Entertainment.
Restitutio in integrum had a distinct meaning in ancient Roman law that differed from its common law counterpart. The core concept of reversing to original condition was preserved, but restitutio in integrum was a specific method of praetor intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful.