Restitution

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. When a court orders compensation it orders the defendant to pay the claimant for his or her loss.

American Jurisprudence 2d edition notes:

Restitution may be either a legal remedy or an equitable remedy, "depend[ing] upon the basis for the plaintiff's claim and the nature of the underlying remedies sought." Generally, restitution is an equitable remedy when the money or property wrongfully in the possession of defendant is traceable (i.e., can be tied to "particular funds or property"). In such a case, restitution comes in the form of a constructive trust or equitable lien.

Where the particular property at issue cannot be particularly identified, restitution is a legal remedy. This occurs, for example, when the plaintiff "seeks a judgment imposing personal liability to pay a sum of money.Unjust enrichment and quantum meruit are sometimes identified as types of a disgorgement legal remedies.

Restitution (theology)

Restitution in moral theology signifies an act of commutative justice by which exact reparation as far as possible is made for an injury that has been done to another.

See also

References

 This article incorporates text from a publication now in the public domain: Slater, T (1911). "Restitution". In Herbermann, Charles. Catholic Encyclopedia. New York: Robert Appleton.