Restitution

What Is Restitution in Tort Law?

Quick Definition

Restitution is a legal principle aimed at restoring a party to the position they were in before a wrongful act occurred. It involves returning or compensating for benefits unjustly received by the defendant at the expense of the claimant.

In Context

Restitution is often applied in cases where one party has been unjustly enriched at another's expense. For example, if someone mistakenly pays money to another person who is not entitled to it, restitution would require the recipient to return the funds. This principle is not limited to tort law and can also be found in contract law and equity. A classic case illustrating restitution is Fibrosa Spolka Akcyjna v. Fairbairn Lawson Combe Barbour Ltd (1943), where restitution was ordered after a contract was frustrated, and one party had received a prepayment.

See Also

• Unjust Enrichment

• Equitable Remedies

• Compensatory Damages

Learn More

For a deeper understanding of restitution and related legal concepts, explore our Tort Law Notes for detailed case law, examples, and revision tips.