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Pavey & Mathews would have received less restitution only if Mrs Paul had withdrawn her promise before the work had begun, but the builders had gone ahead anyway. Also, the quantum meruit (the amount rewarded) could be no higher than the objective market rate for the work, even if Mrs Paul’s promise was for a higher price.
Landmark Cases in the Law of Restitution (2006) is a book edited by Charles Mitchell and Paul Mitchell, which outlines the key cases in English unjust enrichment law and restitution. Content [ edit ]
Paroline v. United States, 572 U.S. 434 (2014), is a case in which the United States Supreme Court ruled that to recover restitution under 18 U.S.C. § 2259, the government or the victim must establish a causal relationship between the defendant's conduct and the victim's harm or damages.
Created Date: 8/30/2012 4:52:52 PM
O'Connor v. Ortega, 480 U.S. 709 (1987), is a United States Supreme Court decision on the Fourth Amendment rights of government employees with regard to administrative searches in the workplace, during investigations by supervisors for violations of employee policy rather than by law enforcement for criminal offenses.
The concepts of restitution and compensation are not the same though they will on occasions fulfil the same need. Restitution is analogous to property: it concerns wealth or advantage which ought to be returned or transferred by the defendant to the plaintiff. It is a form of specific implement.
Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986), is a US labor law case, where the United States Supreme Court, in a 9–0 decision, recognized sexual harassment as a violation of Title VII of the Civil Rights Act of 1964. The case was the first of its kind to reach the Supreme Court and would redefine sexual harassment in the workplace. [1] [2]
A prominent example will, no doubt, be found in those cases where the plaintiff is seeking repayment of money paid under a mistake of fact; but I can see no reason why the defence should not also be available in principle in a case such as the present, where the plaintiff's money has been paid by a thief to an innocent donee, and the plaintiff ...