Restitution: Difference between revisions

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{{a|glossary|}}{{restitution capsule}}[[Restitution]] — a.k.a [[unjust enrichment]], or [[money had and received]] — is a claim made feasible through an imaginative synthesis of long-“forgotten” rules of the [[common law]], dreamt up by Lord Goff<ref>See, particularly, {{casenote|Lipkin Gorman|Karpnale Ltd}}</ref> to bring justice to [[little old ladies]], [[welsh hoteliers]] and others dealt a short hand by the cosmic game.  
{{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.


Difficult cases involving such unfortunates (and the odd gambling-addict conveyancer) gave rise to an entire branch of civil law known as [[restitution]], which sits uneasily between the [[common law]] of [[contract]] and [[tort]], seeming as it does to confuse the two, and the [[law of equity]].
{{restitution capsule}}


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]].
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]].
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*[[Equitable remedies]]
*[[contract]]
*[[contract]]
*[[tort]]
*[[tort]]
*[[damages]]
*[[damages]]
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{{draft}}
{{egg}}