Remedy Of Restitution
Description
How to fill out Louisiana Follow-up Letter To Bank Regarding Restitution Offer In Bank Fraud Case?
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Examples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim's medical expenses after a violent assault.
A remedy based upon the principle of unjust enrichment. For the claimant to bring a restitutionary claim, the defendant must have been unjustly enriched at the expense of the claimant. A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant.
A typical example of an equitable remedy is monetary loss. The party who has been wronged may receive money as compensation for their losses, even if the other party does not have enough money to pay.
Restitution is often calculated by evaluating the gains of the defendant. The defendant is required to give up any gains they obtained illegally to the plaintiff. The goal is to put the injured party back in the same position they were in before suffering the damages at the fault of the defendant.
Restitution. The third type of equitable relief is restitution. Restitution is a remedy applicable to several different types of cases: those in which the contract was avoided because of incapacity or misrepresentation, those in which the other party breached, and those in which the party seeking restitution breached.
