Restitution

Restitution is a legal principle that involves the return of specific property or compensation for loss or injury caused by another party. The concept of restitution is used in different areas of law, but it is most commonly used in contract law and tort law. In these contexts, restitution refers to the measure of recovery by the aggrieved party and is generally an equitable remedy when the money damages are inadequate.

Legal Definition

Restitution is derived from the Latin term restitutio, which means restoration or return. In legal terms, it refers to the law's attempt to restore the injured party to the position they were in before the injury or loss occurred. This can be achieved by returning the exact property, providing a replacement, or by providing compensation equivalent to the loss.

Types of Restitution

There are two main types of restitution: Restitution in kind and Restitution by way of compensation.

Restitution in Kind

Restitution in kind involves returning the exact property that was taken or restoring the situation to its original state. This is often used in cases of theft or property damage.

Restitution by Way of Compensation

Restitution by way of compensation involves providing the injured party with a monetary amount equivalent to the loss or damage they have suffered. This is often used in cases where the property cannot be returned or the situation cannot be restored to its original state.

Restitution in Different Areas of Law

Restitution is used in various areas of law, including Contract Law, Tort Law, and Criminal Law.

Contract Law

In contract law, restitution is used as a remedy when a contract is breached. The aim is to restore the injured party to the position they were in before the breach occurred.

Tort Law

In tort law, restitution is used as a remedy for a wrongful act that results in injury or loss to another party. The aim is to restore the injured party to the position they were in before the wrongful act occurred.

Criminal Law

In criminal law, restitution is often ordered by the court as part of the offender's sentence. The aim is to compensate the victim for any loss or injury caused by the offender's actions.

See Also

• Law of Obligations
• Remedies in Law
• Equitable Remedies

References

Restitution Resources
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