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    RestitutionRestitution

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    fearlove

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    Join date : 2011-03-03

    RestitutionRestitution

    Post by fearlove on Tue Nov 29, 2011 3:08 pm

    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.[1][2] 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 w

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