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Restitution
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his loss.
Restitution, like other legal responses, can be triggered by any one of a variety of causative events. These are events in the real world which trigger a legal response. Broadly speaking, an obligation to make restitution can be triggered by two different types of causative event:
It is arguable that other types of causative event can also trigger an obligation to make restitution, but the above two are by far the most important. They will be considered in turn. It should be pointed out at this stage that the following analysis is based on English law. However, it is largely an analysis of principle rather than case law and therefore should have considerable relevance for most common law systems.
KY NEWS: HB 369 Forms etc available at clerks office - new law prohibits a person who owes restitution for certain theft offenses from driving until the restitution is paid in full
FRANKFORT, Ky. -- The Kentucky court system has the legal forms and processes in place to carry out a bill that prohibits a person who owes restitution for certain theft offenses from driving until the restitution is paid in full, with an option to apply for a hardship license...
Disbarment And Restitution
The District of Columbia Court of Appeals disbarred and ordered restitution in a matter where the attorney had a client representative sign over a check in excess of $241,000 to him...
No Restitution, No Reinstatement
The decision whether or not to reinstate a suspended or disbarred lawyer involves a balancing between our interest in the possibility of redemption with our concern that past lapses may reflect the danger of future harm...
Specific Restitution
Recently posted on SSRN, a very important paper by Colleen P. Murphy (of Roger Williams University School of Law) on “What is Specific About ‘Specific Restitution’?” (forthcoming Hastings Law Journal, Vol...
Proprietary Restitution
The question of when unjust enrichment can give rise to proprietary rather than personal remedies is a fraught one. Like Fermat’s Last Theorem, there may be a truly marvellous solution, but it is still elusive...
"Three Evolving Facets of UCL Restitution"
My latest article, which appears in the December November 2007 issue of CAOC Forum, is called "Three Evolving Facets of UCL Restitution...
I have an ex boyfriend who owes me a large sum of money. I believe more than small claims court would allow. How do I go about getting him to pay what he owes?
I would ask him again and if he don't pay it call the police. Legaly if you...
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I have an ex boyfriend who owes me a large sum of money. I believe more than small claims court would allow. How do I go about getting him to pay what he owes?
I would ask him again and if he don't pay it call the police. Legaly if you...
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