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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. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
Perdue Farms' $4 million in restitution will be distributed to impacted children, along with organizations advocating for child labor victims and to support work to prevent future exploitation ...
Landmark Cases in the Law of Tort (2010) by Charles Mitchell and Paul Mitchell; Landmark Cases in Family Law (2011) by Stephen Gilmore, Jonathan Herring and Rebecca Probert; Landmark Cases in Equity (2012) by Charles Mitchell and Paul Mitchell (6 Jul 2012) Landmark Cases in Land Law (2013) by Nigel Gravells
Where there is a "total failure of consideration" the claimant can seek restitution of the benefit by bringing an action in unjust enrichment against the defendant. Historically speaking, this was as a quasi-contractual claim known as an action for money had and received to the plaintiff's use for a consideration that wholly failed.
Truskowski said the jury convicted Owens on the three felony theft counts that totaled $37,986, while Barr argued the restitution was about $17,000 as Owens had performed work on the house and ...
Jan. 30—An eastern Kentucky natural gas company owner has agreed to pay Somerset Gas Services more than $1.2 million in restitution after pleading guilty to manipulating gas meters to make it ...
The recovery of money in restitution is not, as a general rule, a matter of discretion for the court. A claim to recover money at common law is made as a matter of right; and even though the underlying principle of recovery is the principle of unjust enrichment, nevertheless, where recovery is denied, it is denied on the basis of legal ...
An action for money had and received to the plaintiff's use is the name for a common law claim derived from the form of action known as indebitatus assumpsit.The action enabled one person to recover money which has been received by another: for example, where a plaintiff paid money to the defendant while labouring under a mistake of fact or where there was a total failure of consideration.