Also known as: restore · restored · restoring · restoration
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A remedial measure by which a party returns property or conditions to their prior state or to the rightful owner. The measure applies when a court or statute requires reversal of a transfer, repair of harm, or surrender of possession.
A remedy that returns to a party any benefit conferred on another to prevent unjust enrichment. The remedy applies after a transfer, performance, or payment that a court determines must be disgorged.
Each sense below has its own examples, sources, and questions.
A remedial measure by which a party returns property or conditions to their prior state or to the rightful owner. The measure applies when a court or statute requires reversal of a transfer, repair of harm, or surrender of possession.
Roland Rhodes owns the servient parcel burdened by an easement held by Riley Rivera. Riley begins restoring the path for heavier truck use. The increased traffic would damage Roland's crops and access roads. A court denies the restoration because it would impose unreasonable harm on the servient owner.
Ricardo Rojas receives a stolen laptop from a known fence. He immediately contacts the original owner and arranges return of the device. Because his purpose was to restore the property, he avoids a theft conviction under the receiving statute.
Ronald Reed's antique tractor is damaged when Riverstone Manufacturing's truck backs into it. Ronald elects repair over diminution in value. The court awards the reasonable cost of restoration with allowance for any difference in post-repair value.
Ravi Reddy leased a warehouse from Riverside Healthcare. A fire destroyed the main structure through no fault of Ravi. The lease required surrender in good condition but did not expressly require rebuilding after casualty. Ravi owes no duty to restore the destroyed building.
Radiant Technologies serves as trustee of a fund that lost value after an improper investment. Beneficiaries prove breach. The court compels the trustee to restore the trust property to the value it would have held absent the breach.
Restoration is unavailable when returning the servient tenement to its prior use would cause unreasonable harm to the servient owner. Courts weigh the extent of harm against the easement holder's interest in resumed use.
A person who receives stolen property avoids theft liability if the receipt, retention, or disposal occurs with the purpose of restoring the property to its owner. The exception requires proof of that restorative intent at the time of the act.
Damages include the reasonable cost of repair or restoration when elected by the plaintiff. The award must account for any difference between original value and value after repairs are completed.
A remedy that returns to a party any benefit conferred on another to prevent unjust enrichment. The remedy applies after a transfer, performance, or payment that a court determines must be disgorged.
Rita Russell paid Rocky Mountain Mining in advance for equipment that was never delivered. After the contract collapsed, Rita seeks return of the payment. The court awards restitution to restore the benefit she conferred on the mining company.
The restitution interest protects a party's right to recover any benefit conferred on the breaching party. Recovery returns the benefit to prevent unjust enrichment rather than to enforce the bargain or reimburse reliance losses.
…reaffirmed their commitment to religious liberty by codifying protections for religious practice. See, e.g., Religious Freedom Restoration Act of 1993, 107 Stat. 1488, 42 U.S.C. §2000bb et seq.; Conn. Gen. Stat. §52–571b (2015). Numerous amici—even some not supporting the States—have cautioned the Court that its decision here…
…argument would be premised on the hypothesis that reproductive planning could take virtually immediate account of any sudden restoration
…in which Souter, J., joined in part. Souter, J., and Breyer, J., filed dissenting opinions. Syllabus The Religious Freedom Restoration Act of 1993 (RFRA) prohibits “[g]overnment” from “substantially burden[ing]” a person’s exercise of religion even if the burden results from a rule of general applicability unless the…
…Until released to the Special Prosecutor, no in camera material is to be disclosed to anyone. When material is excised, it is restored
…acts denounced in the Declaration of Independence.[^maj-3] And after war had broken out, all of the 13 newly formed States restored the institution of civil jury trial to its prior prominence; 10 expressly guaranteed the right in their state constitutions and the 3 others recognized it by statute or by common…
A covenant to maintain or surrender premises in good condition does not require the tenant to rebuild structures destroyed by fire unless the lease expressly imposes that duty. Absent specific language, the tenant escapes liability for restoration costs.
A court may order the trustee to pay money or restore specific property to the value the trust would have held absent the breach. The remedy directly reverses the loss caused by the trustee's misconduct.