Also known as: restitution
Written by attorneys · grounded in primary & secondary sources — see below
A remedy that restores to a party the value of a benefit conferred on another or requires disgorgement of unjust enrichment.
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Raymond Ramos paid a contractor to repair damage to his fence caused by a neighbor's fallen tree. The court included in the award the amount Raymond had already spent on repairs. This measure restored the value of the benefit the neighbor received by avoiding the cost of fixing the harm.
Ryan Roberts and Riverfront Developments contracted for land that both believed contained valuable mineral rights. After discovering the shared mistake, the buyer sought relief. The court considered restitution of the down payment when deciding whether the mistake materially affected the exchange.
Rachel Ramirez owned a lot subject to a recorded easement requiring shared stormwater drainage. She filled the basin to add parking and caused flooding on neighboring parcels. Neighboring owners obtained restitution of the costs they incurred to restore proper drainage.
Ricardo Rojas promised to exercise a future power of appointment in exchange for a cash payment from Rising Sun Electronics. The promise proved unenforceable. The company recovered in restitution the amount it had paid for the promise.
Roger Ramirez learned that another lawyer had misappropriated client funds and entered a private restitution agreement with the client. The agreement sought to keep the matter quiet. The duty to report the misconduct to disciplinary authorities remained in force regardless of the private restitution arrangement.
Ravi Reddy partially performed a services contract before the other party repudiated. Reddy had conferred a measurable benefit on the recipient. The court measured the restitution award by the reasonable value of what the recipient received or by the increase in the recipient's property value.
A party who avoids a contract for mutual mistake may recover in restitution the value of any benefit conferred on the other party through part performance or reliance. The measure accounts for reformation or other relief when determining whether the mistake materially affected the exchange. Recovery prevents unjust enrichment even if expectation damages are unavailable.
Supporting sources
…by the plaintiff’s expenditures or change of position in reliance as well as by the value to him of the promised performance. Restitution is also an ‘enforcing’ remedy, although it is often said to be based upon some kind of a rescission. In determining what justice requires, the court must remember all of its powers, derived…
…recovery based upon unjust enrichment is grounded on the moral principle that one who has received a benefit has a duty to make restitution
…in James is not present in our case because Simmons enjoys a permanent economic benefit, not subject to any claim of restitution
…Respondents 48; Reply Brief for Petitioner 17. In addition some state securities laws permit state authorities to seek fines and
…136 [46 P. 899], and Sunset Pac. Oil Co. v. Los Angeles etc. R. R. Co. , 110 Cal.App. Supp. 773 [290 P. 434], which involved restitution
The award may be measured by the reasonable value to the recipient of what was received or by the extent to which the recipient's property increased in value. The choice depends on what justice requires in the circumstances. This measure applies when the claimant conferred a benefit through part performance or reliance.
Supporting sources
A servitude may be enforced by any appropriate combination of remedies that includes restitution along with damages, injunctions, or liens. Courts consider the nature of the servitude, the parties' conduct, fairness of the transaction, and costs and benefits of enforcement. Restitution addresses benefits improperly retained by the burdened party.
Supporting sources
A private restitution agreement between a client and a lawyer who misappropriated funds does not override the reporting obligation. The duty to report serious misconduct to disciplinary authorities continues even when the client prefers confidentiality. The agreement cannot excuse compliance with professional conduct rules.
Supporting sources
The promisee may obtain restitution of the value given in exchange for the promise even though the contract itself is unenforceable. Specific performance or damages for the promised appointment are unavailable. This limited relief prevents the promisor from retaining the benefit without performing.
Supporting sources