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The Law of Restitution

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Lawdit Solicitors - Expert Author

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25 June 2012

Restitution is a form of remedy for loss suffered by a claimant. Restitutionary remedies are different from the general remedies which are available in tort and contract as Lord Wright suggested:

"It is clear that any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is, to prevent a man from retaining the money of, or some benefit derived from, another which it is against conscience that he should keep. Such remedies in English law are generically different from remedies in contract or in tort, and are now recognised to fall within a third category of the common law which has been called quasi -contract or restitution."

The House of Lords therefore recognised that restitutionary remedies are available where:

1. The defendant has been unjustly enriched at the expense of the claimant.

2. Where the defendant has obtained a benefit by doing a wrong.

3. Where the claimant can bring a claim to recover property held by the defendant in which the claimant has a priority interest.

Aneela is a trainee solicitor and can be contacted at aneela.akbar@lawdit.co.uk Lawdit is a commercial law firm based in London, Malaga and Rome


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2012-07-10 13:32:58 in Legal Articles

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