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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 ...
[12] [8] Some suggest that the U.S. prison system, starting with the convict lease system and continuing through the present-day government-owned corporation Federal Prison Industries (UNICOR), is a modern form of legal slavery that still primarily and disproportionately affects black populations and other minorities via the war on drugs and ...
As defined by the United Nations, reparations refers to measures by the government to repair violations of human rights by providing a range of material and symbolic benefits to victims or their families as well as affected communities and society as a whole.
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.
Some experts suggest that the problems lie in the very definition of reparations themselves. [32] The right to seek and obtain reparations is vested with the state whose citizens suffered the losses, but individuals are barred from pursuing a claim for compensation directly against the state that wronged them. The grant of reparations is thus a ...
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 ...
Even if not (for the foreseeable future) a part of the law of unjust enrichment, a claim to the traceable proceeds of one's property remains part of the law of restitution. The remainder of this section concerns proprietary restitution. Proprietary restitution is where a claimant who is entitled to restitution is awarded a proprietary remedy.
A civil penalty or civil fine is a financial penalty imposed by a government agency as restitution for wrongdoing. The wrongdoing is typically defined by a codification of legislation , regulations , and decrees .