restitution

An equitable remedy under which a person is restored to his or her original position prior to loss or injury, or placed in the position he or she would have been, had the breach not occurred. Act of restoring; restoration; restoration of anything to its rightful owner; the act of making good or giving equivalent for any loss, damage or injury; and indemnification. State v. Barnett, 110 Vt. 221, 3 A.2d 521, 525, 526.

Act of making good or giving an equivalent for or restoring something to the rightful owner. Antoine v. McCaffery, Mo-App., 335 S.W.2d 474, 489.

Compensation for the wrongful taking of property. Com. v. Fuqua, 267 Pa.Super. 504, 407 A.2d 24, 25.

Restoration of status quo and is amount which would put plaintiff in as good a position as he would have been if no contract had been made and restores to plaintiff value of what he parted with in performing contract. Explorers Motor Home Corp. v. Aldridge, Tex.Civ.App., 541 S.W.2d 851, 852.

See Restatement, Second, Contracts, No. 373.

A person who has been unjustly enriched at the expense of another is required to make restitution to the other.

Restatement of the Law, Restitution, No. 1.

In torts, restitution is essentially the measure of damages, while in contracts a person aggrieved by a breach is entitled to be placed in the position in which he would have been if the defendant had not breached. In the law of commercial sales, the buyer's rights to restitution are governed by U.C.C. No.No. 2-711 and 2-718.

See also unjust enrichment doctrine.

Criminal law.

The federal courts and many states have restitution programs under which the criminal offender is required to repay, as a condition of his sentence, the victim or society in money or services.

See e.g. 18 U.S.C.A. No.No. 3663, 3664.

Maritime law.

The placing back or restoring articles which have been lost by jettison: This is done, when remainder of the cargo has been saved, at the general charge of the owners of the cargo