Restitution is the repayment of items taken or the payments of a loss that the victim incurred. When looking at a contract if one party doesnÕt uphold there end of the contract they will be obligated to pay restitution for goods or services or incomes that have been lost be their failure to comply to the agreement.
Remedies of quasi-contract, constructive trust, equitable lien, and reformation must be applied to redress enrichment secured by tort, part performance of contract, duress, or mistake.
H. G. Beale has written: 'Contract Law' -- subject(s): Contracts, Cases 'Chitty on Contracts (Common Law Library)' 'Remedies for breach of contract' -- subject(s): Breach of contract
Remedies in criminal law primarily focus on punishment and rehabilitation rather than compensation. Common remedies include incarceration, fines, probation, community service, and mandatory treatment programs. Additionally, the criminal justice system aims to deter future offenses and protect society. Victims may also seek restitution through civil actions, but this falls outside the criminal law framework.
Ewan McKendrick has written: 'Tort textbook' 'Tort (Common Professional Examination S.)' 'Contract, Tort and Restitution (Statutes S.)' 'Sweet and Maxwell's Contract, Tort and Restitution Statutes' 'Labour law' -- subject(s): Labor laws and legislation 'Tort - LLB'
The answer to this question may vary depending on your jurisdiction. In general, at common law, breach of contract remedies come in two flavor: legal, and equitable. Equitable remedies evolved through the Courts of Equity (shock!) in England; legal through the Courts of Law. To grossly oversimplify, the court of law is based upon the written laws and statutes; the courts of equity, on what is "fair." The remedies were introduced over literally hundreds of years by a number of legislative bodies and courts. By comparison, most states in the United States provided breach of contract remedies in their statutes. You can actually look up each statute and see who introduced it, and when.
Contract law is a very complicated area of law. The answer depends on the contract, the circumstances of the breach and state laws. Remedies can include compensatory damages, consequential damages, punitive damages and a court order that requires performance exactly as outlined in the contract. You can read more about it at the related link.
Dan B. Dobbs has written: 'Dobbs Law of Remedies' -- subject(s): Remedies (Law) '1990 supplement to Torts and compensation' 'The Law of Torts (Practitioner Treatise) (Practitioner's Treatise Series)' 'Law of remedies' -- subject(s): Remedies (Law) 'Problems in remedies' -- subject(s): Remedies (Law) 'Problems in Remedies' 'Hornbook on the Law of Torts'
In tort law, remedies available to an aggrieved person include monetary compensation (damages) for losses suffered, injunctions to prevent further harm, and specific performance to enforce a duty or obligation. Additionally, aggrieved persons may seek restitution, which aims to restore the individual to the position they were in before the tort occurred.
N. Henderson has written: 'New problems for the business client' -- subject(s): Breach of contract, Great Britain, Liability (Law) 'Remedies for breach of contract' -- subject(s): Breach of contract
Peter D. Maddaugh has written: 'A bibliography of Canadian legal history' -- subject(s): Bibliography, History, Law 'The law of restitution' -- subject(s): Restitution, Restitution (Droit)
It depends on the type of misrepresentation: Innocent misrepresentation: rescission of contract and restitution if possible Negligent: rescission or possibly damages Fraudulent: damages and possibly action in tort law
R. K. Bangia has written: 'The Indian Contract Act' -- subject(s): Contracts 'Law of contract and specific relief' -- subject(s): Contracts, Equitable remedies