Restitution

Void Contracts

Void and illegal contract In the case of voidable contract, the person who wishes to avoid the contract must make counter restitution. Presumptively, goods transferred must be returned. This may be a significant limitation on the ability to obtain restitution.… Read the rest

Unjust Enrichment

General The law on unjust enrichment is not fully coherent. It may be that over time, a general principle of unjust enrichment will be established. However, the criticism has been made that unjust enrichment is too vague a concept, to apply as a general principle.… Read the rest

Tracing

Enduring Title Where assets such as goods are obtained by fraud, the title does not pass to the wrongdoer. The same principle applies to the other limited categories of case, where there the contract is wholly negated.… Read the rest

Substitution & Tracing

Where an asset is simply taken, it is recoverable under the law of conversion and detinue. This protects the property rights of the owner. This is not restitution in the strict sense. The right to recover the asset holds good against all third parties, other than those who have a better title.… Read the rest

Subrogation

Nature Subrogation is an equitable principle (and remedy) which arises where a person has conferred a benefit on another in circumstances where that person has received an unjust enrichment. It most commonly creates an entitlement by operation of law, for a party who discharges another’s debt or obligations, to enforce the rights and interests held by a third person in respect of that obligation against that other.… Read the rest

Salvage/ Assisting Another

General Where a person is in custody of an asset, such as a trustee or liquidator, he generally has a right of indemnity in respect of necessary expenditure incurred by reason of his obligations in respect of the property. … Read the rest

Restitution Overview

Overview I Restitution is concerned with undoing unjust enrichment, usually on the part of the person against whom legal action is taken. Where a person receives a benefit which is not intended to be a gift, restitution may reverse the benefit received. … Read the rest

Restitution & Wrongdoing

Breach of Contract A person might deliberately breach a contract, in circumstances where the damage to the other party is less than what he gains so that he profits from his breach. He might be said to benefit from his wrong.… Read the rest

Public Bodies

Restitution in the Context of Public Bodies Public bodies are subject to the general law. They are accordingly subject in the same may as a private person, to the possibility of restitution on ordinary grounds. Public bodies are usually formed by statute or as companies under a statute.… Read the rest

Proprietary and Other Remedies

Remedies in Restitution The remedies in restitution may be, by way of quantum meruit, money had been received, money repaid by reason of a total failure of consideration or an account of profits. There may also be proprietary remedies such as rescission, equitable liens.… Read the rest