Also known as: duplicative recoveries · double recovery · duplicate damages
Written by attorneys · grounded in primary & secondary sources — see below
A principle that prevents a claimant from obtaining compensation for the same loss more than once through multiple claims or remedies. The principle requires courts to limit recovery to the actual harm suffered so that the claimant receives no more than full compensation.
Damian Decker leased space from Delta Dynamics for a retail store. After Delta Dynamics failed to repair the roof as required, Damian terminated the lease and sued for damages including lost profits and relocation costs. The court awarded those amounts but refused to add a separate award for the same lost profits already included in the lease-value calculation, because the principle bars recovery of the identical loss twice.
Apex Builders contracted to sell custom equipment to Harborview Development for a fixed sum. After Harborview repudiated, Apex sued for the full price while still holding the goods. When Apex later resold the equipment to a third party, the court required that the resale proceeds be credited against the price judgment to ensure Apex did not receive payment for the same goods twice.
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When a seller sues for the contract price of identified goods, the seller must hold the goods for the buyer and credit any resale proceeds against the judgment. This prevents the seller from keeping both the price and the goods or their value.
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No. The spouse's claim for loss of society and services is an independent right that survives settlement of the injured party's own claims, provided joinder rules are satisfied.
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Restitution may be measured by either replacement cost or the increase in value conferred, but the court selects the measure that avoids giving the claimant more than the benefit unjustly retained by the defendant.
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