Also known as: restitutionary remedy · restitution · unjust enrichment remedies
Written by attorneys · grounded in primary & secondary sources — see below
A category of judicial remedies designed to restore to the claimant the benefit conferred on the defendant or to prevent the defendant's unjust enrichment. The remedy measures recovery by the value received by the defendant rather than by the claimant's loss. Availability turns on whether the defendant obtained a measurable benefit from the claimant's performance or reliance.
Riley Rivera suffered property damage when Royal Crest Hotels' delivery truck struck her fence. The hotel received the benefit of using the cleared access route for weeks afterward. A court awarded restitution measured by the value of that use to the hotel rather than solely by Riley's repair costs.
Renee Rogers and Riverstone Manufacturing contracted for custom equipment based on a shared assumption about material availability. When the assumption proved false, the contract was avoided. Renee recovered in restitution the value of the partial payments she had made before discovering the mistake.
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Rosalind Reed owned a lot subject to a recorded easement requiring shared stormwater drainage. Riverfront Developments filled the drainage area for additional parking. Neighboring owners obtained restitution measured by the increased value the developer gained from the unauthorized parking spaces.
Rita Russell promised to exercise a future power of appointment in exchange for payments from Roland Rhodes. The promise proved unenforceable because the power was not presently exercisable. Roland recovered in restitution the amounts he had paid under the agreement.
Raphael Rivera learned from a client that another lawyer had misappropriated funds and entered a private restitution agreement. The agreement did not prevent the reporting duty. Disciplinary authorities pursued reporting of the misconduct despite the private arrangement.
Rhapsody Entertainment received partial performance from a contractor who later breached. The company had obtained usable promotional materials from the work. A court measured the restitution award by the reasonable value of those materials to the company rather than the contractor's costs.
Restitution focuses on the benefit received by the defendant while compensatory damages focus on the loss suffered by the claimant. A court may award restitution even when the claimant's loss is smaller than the defendant's gain.
Restitution may be measured by the increase in the defendant's property value when justice requires that measure instead of the reasonable value of what the defendant received. The choice depends on the facts of the benefit conferred.
A private restitution agreement does not override the duty to report serious lawyer misconduct to disciplinary authorities when the information is not protected by confidentiality rules.
Restitution may be combined with declaratory relief, damages, or injunctions when enforcing a servitude. The choice among remedies considers the nature of the servitude, party conduct, and costs and benefits of enforcement.
…Congress should develop an administrative or quasijudicial remedy against the government itself to afford compensation and restitution for persons whose Fourth Amendment rights have been violated. The venerable doctrine of respondeat superior in our tort law provides an entirely appropriate conceptual basis for this…