restitutionary damages


restitutionary damages
Damages which aim to strip from a wrongdoer gains made by committing a wrong. This alternative measure of damages may arise where the defendant is unjustly enriched, where there has been mistake or frustration or where the defendant has made a profit after breach. Note that only in exceptional cases would the courts not use the compensatory damages principle for awarding damages for breach of contract.
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Practical Law Dictionary. Glossary of UK, US and international legal terms. . 2010.

Look at other dictionaries:

  • restitutionary damages — /ˌrɛstətjuʃənəri ˈdæmədʒəz/ (say .restuhtyoohshuhnuhree damuhjuhz) plural noun Law a monetary remedy paid by a person convicted of a crime to the victim of the crime …   Australian English dictionary

  • damages — I noun amends, compensation, costs, expenses, expiation, fine, indemnification, indemnity, injury, just compensation, legal costs, legal liability, loss, penalty, recompense, recovery, reimbursement, remuneration for injury suffered, reparation,… …   Law dictionary

  • Damages — This article is about the law term. For the television series, see Damages (TV series). For other uses, see Damages (disambiguation) …   Wikipedia

  • contractual measure of damages — Damages awarded for breach of contract. The principle of such an award is that the claimant is entitled to be put into the position as if the contract had been performed. Damages for breach of contract are subject to the principles of remoteness …   Law dictionary

  • Measure of damages under English law — Damages for breach of contract is a common law remedy, available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned… …   Wikipedia

  • Measure of Damages (under English law) — Damages for breach of contract is a common law remedy, available as of right. It is designed to compensate the victim for their actual loss as a result of the wrongdoer’s breach rather than to punish the wrongdoer. If no loss has been occasioned… …   Wikipedia

  • Loss of chance in English law — refers to a particular problem of causation, which arises in tort and contract. The law is invited to assess hypothetical outcomes, either affecting the claimant or a third party, where the defendant s breach of contract or of the duty of care… …   Wikipedia

  • 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… …   Law dictionary

  • frustration — frus·tra·tion /ˌfrəs trā shən/ n 1 a: the act of frustrating b: the state or an instance of being frustrated c: something that frustrates 2: a common law doctrine of contract law: parties to a contract may be excused from performance even though… …   Law dictionary

  • Misrepresentation in English law — is an area of English contract law, which allows a person to escape a contractual obligation or claim compensation for losses. If one person can show that she entered an agreement because of another person s false assurances, then the other… …   Wikipedia