Also known as: relief · restitution · remedy · restitutionary relief
Written by attorneys · grounded in primary & secondary sources — see below
A judicial remedy available when a contract is avoided for mistake or similar grounds. It permits a party to recover benefits conferred on the other side to prevent unjust enrichment and to protect reliance interests when justice so requires.
Rosa Ruiz sues Redline Automotive after discovering a mutual mistake in their supply contract. Redline files a Rule 12(b)(6) motion arguing the complaint fails to state a plausible claim. The court denies the motion and orders Redline to answer within fourteen days, allowing Rosa's request for relief including restitution to proceed on the well-pleaded facts.
Riley Rivera leases a residential unit from Riverstone Manufacturing. After discovering the property is uninhabitable due to the landlord's fault, Riley affirms the lease and sues for relief including restitution of prepaid rent plus damages. The court grants the claim under the applicable lease provisions.
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Rosalind Reed sues Rhapsody Entertainment for restitution after a mistaken licensing deal. The complaint alleges specific facts showing the parties shared an erroneous assumption about the scope of rights granted. The court finds the allegations plausible and denies dismissal, permitting the claim for relief including restitution to advance.
Ruby Rivera files a state-court action against Royal Crest Hotels seeking relief including restitution for a mistaken event contract. The hotel receives the complaint and files a notice of removal in federal court within thirty days, preserving its right to litigate the restitution claim in the new forum.
Ricardo Rojas contracts with Redline Automotive for custom parts. The agreement contains a liquidated-damages clause the court later finds reasonable. When the deal collapses, the court awards relief including restitution measured by the clause rather than treating it as an unenforceable penalty.
Ryan Roberts obtains a child-custody determination in another state and registers it in State A. When the other parent withholds the child, Ryan petitions for relief including restitution of support payments already made. The State A court applies its own enforcement remedies to grant the requested relief.
Relief including restitution is available when a contract is avoided for mistake. Either party may recover benefits conferred to prevent unjust enrichment, and the court may also protect reliance interests if justice requires.
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A mistaken party's fault does not bar avoidance or restitution unless the fault amounts to a failure to act in good faith and in accordance with reasonable standards of fair dealing.
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When the usual rules together with Chapter 16 rules will not avoid injustice, the court may grant relief on such terms as justice requires, including protection of the parties' reliance interests.
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…confessed to the arresting officer after being importuned to "cooperate" in order to prevent her children from being taken by relief authorities. This Court as in those cases reversed the conviction of a defendant in Haynes v. Washington , 373 U. S. 503 (1963), whose persistent request during his interrogation was to…