In law,restitution is often ordered by a court in order to achieve fairness,preventing the unjust enrichment of one party to a civil lawsuit. In addition,restitution is often ordered in criminal sentencing,requiring the defendant to make monetary amends,or perform some act that benefits the victim of the crime,or the public in general.
People also ask
What does restitution mean in a criminal case?
Restitution 鈥渞estores鈥?a party or victim financially. For example, if someone is convicted of vandalizing someone鈥檚 house, he may be ordered to pay restitution in the amount the homeowner had to pay to repair the damage.
What is a restitutionary remedy?
A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant. Claims in restitution are frequently contrasted with claims (in contract or tort) for compensatory damages, which focus upon the damage suffered by the claimant, rather than the unjust enrichment of the defendant.
When did the doctrine of restitution begin?
Courts in seventeenth century England first developed the doctrine of restitution as a contractual remedy. The concept migrated to courts in the United States, and it has since expanded beyond its original contractual roots. Courts now apply restitution in the areas of maritime or admiralty law, criminal law, and torts.
How is restitution calculated in contracts law?
This type of remedy is calculated based on the gains of the defendant, rather than the plaintiff鈥檚 losses. Restitution basically requires a defendant to forfeit gains that they have unlawfully obtained to the plaintiff. In contracts law, restitution is used the most.