Restitution

This lesson explores the remedy of restitution, which can be available both where there is no contract and where there is a contract and the non-breaching party chooses an alternative to the expectancy measure of damages. The lesson can be run either as an introduction to restitution or as a review after you have completed your study.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Give examples of when restitution may be awarded where there is no contract.
2. Give examples of when restitution may be awarded when there is a contract.
3. Evaluate whether a breaching party may recover in restitution.
4. Describe how the amount of restitution may be calculated.