Also known as: restitution law · laws of restitution · restitution · unjust enrichment
Written by attorneys · grounded in primary & secondary sources — see below
A body of principles requiring a person unjustly enriched at the expense of another to restore the benefit received. The doctrine measures recovery by the reasonable value of what was conferred or the increase in the recipient's wealth, as justice requires.
After Legacy Motors' defective brake system caused an accident injuring Leo Lynch, the court awarded damages that included restitution for medical expenses already paid from Lynch's savings. The award restored the exact benefit Lynch conferred on his own care because of the tortfeasor's conduct.
When Luna Lang died while divorce proceedings were pending, her will attempted to leave the marital home held in tenancy by the entirety to a third party. Title passed by operation of law to Lamar Lewis, and equity refused to impose a constructive trust because no unjust enrichment occurred.
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Lola Langley and Lakewood Manufacturing contracted for custom machinery based on a shared assumption about available raw materials that proved false. The court considered restitution among the remedies available to restore the parties to their pre-contract positions without forcing performance.
When Lila Lin violated a recorded servitude by erecting an unapproved structure on her lot, neighboring owners sought restitution measured by the increase in value Lin received from the violation. The court weighed the nature of the servitude and the parties' conduct in selecting the remedy.
After learning from a client that another attorney had misappropriated funds and entered a private restitution agreement with the victim, the lawyer reported the misconduct. The client's preference for quiet resolution and the existence of restitution did not excuse the reporting duty.
After Lotus Pharmaceuticals partially performed a supply contract before the buyer repudiated, the court awarded restitution measured by the reasonable value of the materials delivered to the buyer. The award protected the seller's restitution interest without regard to the contract price.
A court may measure the award by the reasonable value to the recipient of what was received or by the increase in the recipient's property value or other interests advanced, as justice requires.
Yes. A cohabitant may pursue contractual or equitable claims, including unjust enrichment, arising from money, labor, or other contributions to the relationship without special barriers based on the intimate nature of the relationship.
Restitution is among the remedies a court may select after considering the nature and purpose of the servitude, the parties' conduct, the fairness of the transaction, and the costs and benefits of enforcement.
No. The duty to report serious misconduct such as misappropriation of client funds remains even when the client prefers confidentiality and a private restitution agreement exists.