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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 ...
Restitution – measures which serve to "restore the victim to the original situation before the gross violations occurred". This can include: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return of one's place of residence, restoration of employment, and return of property.
In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby
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.
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 ...
English law has typically adopted an 'unjust factor' approach, whereby the claimant must positively identify a reason why the defendant's enrichment is 'unjust'. 'Unjust' is a generalisation of all the circumstances in which the law calls for restitution. [14]
Goff and Jones on the Law of Unjust Enrichment (formerly Goff and Jones on the Law of Restitution, usually simply abbreviated to Goff & Jones) is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition.
The dignity takings/dignity restoration framework was first created by Professor Bernadette Atuahene following her empirical exploration of South Africa’s land dispossession and restitution in her book, We Want What’s Ours: Learning from South Africa’s Restitution Program (Oxford University Press 2014). [1]