Restitution - Emergency Situations

The action for restitution allows recovery in a variety of contexts when the defendant would be "unjustly enriched" if he/she were not required to pay restitution. One of those contexts is the situation in which one person acts on behalf of another in the case of an emergency situation requiring immediate action. In this lesson, we explore the parameters of an individual's right to recover restitution for providing aid to another in an emergency situation. Of course, as an inevitable incident of this discussion, we will explore situations when recovery should be denied. This lesson is intended for students who have studied these issues in class and wish to further refine their knowledge.