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==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''restitucioun'', from Anglo-French, from [[Latin]] ''restitution''-, ''restitutio'', from ''restituere'' to restore, from ''re''- + ''statuere'' to set up
*[http://en.wikipedia.org/wiki/14th_century 14th Century]
==Definitions==
*1: an [[act]] of restoring or a condition of being restored: as
:a : a [[restoration]] of something to its rightful owner
:b : a making [[good]] of or giving an equivalent for some [[injury]]
*2: a [[legal]] action serving to cause restoration of a previous state
==Description==
The [[law]] of '''restitution''' is the law of gains-based recovery. It is to be [[contrasted]] with the [http://en.wikipedia.org/wiki/Damages 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 gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his or her loss.
This type of damages restores the benefit conferred to the non-breaching party (the plaintiff). Simply, the plaintiff will get the [[value]] of whatever was conferred to the defendant when there was a [[contract]]. There are two general [[limits]] to recovery, which is that a complete breach of contract is needed, and the damages will be capped at the contract price if the restitution damages exceed it.
The [[orthodox]] view suggests that there is only one [[principle]] on which the law of restitution is dependent, namely the principle of [http://en.wikipedia.org/wiki/Unjust_enrichment unjust enrichment]. However, the view that restitution, like other legal responses, can be triggered by any one of a variety of causative [[events]] is increasingly prevalent. These are events in the real world which trigger a legal response. It is beyond [[doubt]] that unjust enrichment and wrongs can trigger an [[obligation]] to make restitution. Certain commentators propose that there is a third basis for restitution, namely the vindication of [[property]] rights with which the defendant has interfered. It is arguable that other types of causative event can also trigger an obligation to make restitution.[http://en.wikipedia.org/wiki/Restitution]
Otherwise, ''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.
[[Category: Law]]
==Origin==
[http://nordan.daynal.org/wiki/index.php?title=English#ca._1100-1500_.09THE_MIDDLE_ENGLISH_PERIOD Middle English] ''restitucioun'', from Anglo-French, from [[Latin]] ''restitution''-, ''restitutio'', from ''restituere'' to restore, from ''re''- + ''statuere'' to set up
*[http://en.wikipedia.org/wiki/14th_century 14th Century]
==Definitions==
*1: an [[act]] of restoring or a condition of being restored: as
:a : a [[restoration]] of something to its rightful owner
:b : a making [[good]] of or giving an equivalent for some [[injury]]
*2: a [[legal]] action serving to cause restoration of a previous state
==Description==
The [[law]] of '''restitution''' is the law of gains-based recovery. It is to be [[contrasted]] with the [http://en.wikipedia.org/wiki/Damages 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 gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his or her loss.
This type of damages restores the benefit conferred to the non-breaching party (the plaintiff). Simply, the plaintiff will get the [[value]] of whatever was conferred to the defendant when there was a [[contract]]. There are two general [[limits]] to recovery, which is that a complete breach of contract is needed, and the damages will be capped at the contract price if the restitution damages exceed it.
The [[orthodox]] view suggests that there is only one [[principle]] on which the law of restitution is dependent, namely the principle of [http://en.wikipedia.org/wiki/Unjust_enrichment unjust enrichment]. However, the view that restitution, like other legal responses, can be triggered by any one of a variety of causative [[events]] is increasingly prevalent. These are events in the real world which trigger a legal response. It is beyond [[doubt]] that unjust enrichment and wrongs can trigger an [[obligation]] to make restitution. Certain commentators propose that there is a third basis for restitution, namely the vindication of [[property]] rights with which the defendant has interfered. It is arguable that other types of causative event can also trigger an obligation to make restitution.[http://en.wikipedia.org/wiki/Restitution]
Otherwise, ''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.
[[Category: Law]]
