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Restitution: Difference between revisions
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Amwelladmin (talk | contribs) (Created page with "An imaginative synthesis of long-“forgotten” rules of the {{tag|common law}} dreamt up by Lord Goff to bring justice to little old ladies.") |
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{{a|restitution|}}{{d|Restitution|/ˌrɛstɪˈtjuːʃən/|n|}}<br> | |||
A judicial life-hack to cover the parts of commercial life that the [[common law]] traditions of [[tort]] and [[contract]] somehow contrive to miss. | |||
{{restitution capsule}} | |||
The source of some excitement, fear and loathing in the hands of the New York District Court, who in {{casenote|Citigroup|Brigade Capital Management}} applied the [[discharge-for-value defense]] to a [[restitution]] claim with rather more enthusiasm than seems warranted. The law in England (see {{casenote|Barclays Bank Ltd|WJ Simms}}) would lead to a different outcome. | |||
Known also as “[[money had and received]]” and “[[unjust enrichment]]”, in any case it is not to be confused with [[unjustified enrichment|''unjustified'' enrichment]], which is the [[compensation]] plan for those who make it to the [[C-suite]]. | |||
{{sa}} | |||
*[[Equitable remedies]] | |||
*[[contract]] | |||
*[[tort]] | |||
*[[damages]] | |||
{{ref}} | |||