restitution


restitution
res·ti·tu·tion /ˌres-tə-'tü-shən, -'tyü-/ n
1 a: a restoration of something to its rightful owner
b: a making good of or giving an equivalent for some injury
2 a: the equitable remedy of restoring to an aggrieved party that which was obtained in unjust enrichment
b: a remedy for breach of contract that consists of restoring the aggrieved party to the status quo that existed before the contract was made
3: an amount to be paid for the purpose of restitution
ordered to pay restitution to the victim of his crime compare fine
res·ti·tu·tion·al /ˌres-tə-'tü-shə-nəl, -'tyü-/ adj
res·ti·tu·tion·ary /ˌres-tə-'tü-shə-ˌner-ē, -'tyü-/ adj
res·ti·tu·tive /'res-tə-ˌtü-tiv, -ˌtyü-/ adj
res·ti·tu·to·ry /ˌres-tə-'tü-tə-rē, -'tyü-; rə-'sti-tyə-ˌtōr-ē/ adj

Merriam-Webster’s Dictionary of Law. . 1996.

restitution
I noun adjustment, amends, atonement, compensation, damages, emolument, expiation, giving back, indemnification, paying back, payment, quittance, rebate, reclamation, recompense, recoupment, recovery, reddition, redemption, redress, refund, reimbursement, reinstatement, remitter, remuneration, reparation, repayment, replacement, requital, requitement, restoration, retrieval, return, reversion, satisfaction, settlement associated concepts: order of restitution, partial restitution, quantum meruit, writ of restitution foreign phrases:
- In restitutionibus benignissima interpretatio facienda est. — The most favorable construction is to be adopted in restitutions.
II index collection (payment), consideration (recompense), contribution (indemnification), damages, disbursement (funds paid out), discharge (payment), expiation, indemnification, indemnity, out of pocket, payment (act of paying), payment (remittance), recompense, recovery (award), refund, rehabilitation, reimbursement, relief (legal redress), remedy (legal means of redress), remuneration, rendition (restoration), reparation (indemnification), replacement, requital, satisfaction (discharge of debt), trover

Burton's Legal Thesaurus. . 2006


restitution
n.
(1) A remedy in which a victim is restored to his or her original state or condition prior to the injury; the act of making good for some wrong; restoration of the status quo.
(2) Paying money or other consideration as recompense for a loss or injury.
(3) Restoration of stolen property to its owner.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


restitution
the branch of the law of obligations that deals with the redressing of unjust enrichment subtracted from the plaintiff. In a wider sense it also covers restitution in respect of wrongs done to the plaintiff. It can be expressed by saying that a defendant must disgorge an unjust enrichment made at the expense of the plaintiff. Restitution for unjust enrichment is now a recognised basis of obligation in English law as a result of the decisions in Lipkin Gorman v. Karpnale [1991] 2 AC 548 and Woolwich v. Inland Revenue [1993] AC 70. There is a search for an 'unjust factor'. In Scotland, in some cases restitution must be made where there has been a transfer for no legal cause (hence the use of 'unjustified' in Scotland and other civilian jurisdictions) and it is inequitable for the defender to retain the enrichment. It has been recognised in Canada and Australia for some time. An analytical vocabulary has grown up in the Anglo-American world that makes it easier to analyse problems and find principled solutions: See non-materialisation, free acceptance, passing on, change of position. The former categorisation quasi-contract is now less frequently encountered.
Both the English and Scottish legal systems have well-known heads of liability, the most important of the English heads being the action for money had and received and in Scotland recompense, the condictio indebiti, the condictio causa data causa non secuta and negotiorum gestio. The Scots law is based upon developments in the civil law, but it has taken its own path in many instances. Other obligations like relief, salvage and subrogation can be seen to have restitutionary features. The constructive trust is increasingly being seen as a form of remedial obligation that has the effect of making restitution for unjust enrichment. The term restitution is also used narrowly in Scots law to denote the obligation on a defender to return the pursuer's specific property still in the pursuer's ownership.

Collins dictionary of law. . 2001.


restitution
Returning property or its monetary value to the rightful owner. The losing party in a negligence or contracts case may be ordered to make restitution, such as restoring ruined landscaping. A criminal defendant may also be ordered to make restitution, such as returning stolen goods or paying the victim for harm caused. Restitution may be imposed as a condition of probation or a shorter-than-normal sentence.
Category: Small Claims Court & Lawsuits

Nolo’s Plain-English Law Dictionary. . 2009.

restitution
1) A means of compensation that deals with the principle of unjust enrichment. For the claimant to bring a restitutionary claim the defendant must have been unjustly enriched at the expense of the claimant. Restitution is used to restore the claimant to his previous position by making good the loss which he has suffered.
Restitution is viewed as separate and distinct from the laws of contract and tort, although it is to a large extent based on remedies and obligations found in contract and equity. The law of restitution does not depend on the existence of a breach of contract, but it may be an alternative action.
2) Restitution deals with the principle of unjust enrichment at another's expense (in contrast with contract, where the underlying principle is agreement and compensation for breach of the agreement (see Practice Note, Remedies: damages and agreed remedies (). Restitution is used to restore the claimant to his previous position by making good the loss which he has suffered.
Restitution is viewed as separate and distinct from the laws of contract and tort, although it is to a large extent based on remedies and obligations found in contract and equity. The law of restitution does not depend upon the existence of a breach of contract, but it may be an alternative.
Related links

Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.


restitution
n. A making good for loss, damages, or injury, by indemnify ing the damaged party; return or restoring something to its lawful owner. Useful in both torts and contract law, restitution is sometimes used in criminal law as a condition of probation.

Webster's New World Law Dictionary. . 2000.


restitution
In the context of criminal law, state programs under which an offender is required, as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; in the law of torts (See tort law), or civil wrongs, a measure of damages; in regard to contract law, the restoration of a party injured by a breach of contract to the position that party occupied before she or he entered the contract.

Dictionary from West's Encyclopedia of American Law. 2005.


restitution
I
In the context of criminal law, state programs under which an offender is required, as a condition of his or her sentence, to repay money or donate services to the victim or society; with respect to maritime law, the restoration of articles lost by jettison, done when the remainder of the cargo has been saved, at the general charge of the owners of the cargo; in the law of torts, or civil wrongs, a measure of damages; in regard to contract law, the restoration of a party injured by a breach of contract to the position that party occupied before she or he entered the contract.
II Act of restoring anything to its rightful owner; the act of restoring someone to an economic position he enjoyed before he suffered a loss.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

restitution
n.
   1) returning to the proper owner property or the monetary value of loss. Sometimes restitution is made part of a judgment in negligence and/or contracts cases.
   2) in criminal cases, one of the penalties imposed is requiring return of stolen goods to the victim or payment to the victim for harm caused. Restitution may be a condition of granting a defendant probation or giving him/her a shorter sentence than normal.

Law dictionary. . 2013.

Synonyms:

Look at other dictionaries:

  • restitution — [ rɛstitysjɔ̃ ] n. f. • 1251; lat. restitutio 1 ♦ Action, fait de restituer (qqch. à qqn). « Ils ont réclamé à Paris la restitution de ce qui leur appartenait en France » (Hugo). Obligé, tenu à restitution. 2 ♦ Didact. Opération qui consiste à… …   Encyclopédie Universelle

  • Restitution — • An act of commutative justice by which exact reparation as far as possible is made for an injury that has been done to another Catholic Encyclopedia. Kevin Knight. 2006. Restitution     Restitution …   Catholic encyclopedia

  • restitution — res‧ti‧tu‧tion [ˌrestˈtjuːʆn ǁ ˈtuːʆn] noun [uncountable] formal LAW the act of giving back something that was stolen, or paying for damage done to something: • He was ordered to pay £1 million in restitution after his guilty plea. * * *… …   Financial and business terms

  • restitution — Restitution. s. f. v. Action par laquelle on restituë. Vous estes obligé à restitution. il ne veut point oüir parler de restitution. faire restitution. restitution de fruits. ceux qui ont osté l honneur à quelqu un ne sont pas moins obligez à… …   Dictionnaire de l'Académie française

  • Restitution — (lat. restitutio, „Wiederherstellung“) steht für: Restitutio ad integrum, Remission (Medizin) und Rekonvaleszenz, in der Medizin eine Heilung mit verminderter Anpassungsbreite, gegebenenfalls mit Defekt Restitution von Raubkunst die Rückgabe oder …   Deutsch Wikipedia

  • Restitution — Res ti*tu tion (r?s t?*t? sh?n), n. [F. restitution, L. restitutio. See {Restitute}, v.] 1. The act of restoring anything to its rightful owner, or of making good, or of giving an equivalent for any loss, damage, or injury; indemnification. [1913 …   The Collaborative International Dictionary of English

  • restitution — Restitution, Restitutio. Remission de peine, offense, et amende, avec restitution à sa bonne fame et renommée, au païs et à ses biens non confisquez, Postliminium personae, famae ciuitatis, bonorumque. B. Proces recommencez, ou Restitution à… …   Thresor de la langue françoyse

  • Restitution — (v. lat. Restitutio), Wiederherstellung eines früheren Zustandes; daher In integrum r. (s.d.), das Rechtsmittel, vermöge dessen derjenige, welcher den Verlust eines Rechtes od. eine sonstige Verletzung erlitten hat, aus besonderen Gründen… …   Pierer's Universal-Lexikon

  • Restitution — (lat.), Wiederherstellung, Zurückerstattung etc.; s. die Artikel »Rehabilitation, Erstattung, Wiedereinsetzung in den vorigen Stand« …   Meyers Großes Konversations-Lexikon

  • Restitution — Restitution,die:⇨Wiederherstellung(1) …   Das Wörterbuch der Synonyme


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