Difference between revisions of "Restitution"
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==Origin== | ==Origin== | ||
[https://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 | [https://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 | ||
| − | *[ | + | *[https://en.wikipedia.org/wiki/14th_century 14th Century] |
==Definitions== | ==Definitions== | ||
*1: an [[act]] of restoring or a condition of being restored: as | *1: an [[act]] of restoring or a condition of being restored: as | ||
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*2: a [[legal]] action serving to cause restoration of a previous state | *2: a [[legal]] action serving to cause restoration of a previous state | ||
==Description== | ==Description== | ||
| − | The [[law]] of '''restitution''' is the law of gains-based recovery. It is to be [[contrasted]] with the [ | + | The [[law]] of '''restitution''' is the law of gains-based recovery. It is to be [[contrasted]] with the [https://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. | 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 [ | + | The [[orthodox]] view suggests that there is only one [[principle]] on which the law of restitution is dependent, namely the principle of [https://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.[https://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. | 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]] | [[Category: Law]] | ||
Latest revision as of 02:37, 13 December 2020
Origin
Middle English restitucioun, from Anglo-French, from Latin restitution-, restitutio, from restituere to restore, from re- + statuere to set up
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 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 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.[1]
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.
