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Jul 6, 2018 · The law of restitution may loosely be described as the law dealing with the principle against the unjust enrichment of the defendant at the expense of the plaintiff. There is much in the historical common law and principles of equity where unjust enrichment has been or could have been the justificatory explanation.
Learn the meaning of restitution as an act of restoring or a condition of being restored, and see examples of its usage in sentences. Find synonyms, word history, legal and kids definitions, and related entries for restitution.
Restitution is the return of objects that were stolen or lost, or the payment made for damage or loss. Learn more about the meaning, usage and pronunciation of restitution with Cambridge Dictionary.
- Definition of Restitution
- Restitution in A Civil Lawsuit
- Paying Restitution in A Criminal Case
- Difference Between Restitution and Compensation
- Filing A Civil Lawsuit For A Criminal Matter
- Failing to Make Court Ordered Restitution Payments
- What Is A Writ of Restitution
- Related Legal Terms and Issues
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Noun 1. Payment made to someone, or the giving of an equivalent value, to compensate them for damagesor loss. Origin 1350-1400 Middle English restitucioun
An order of restitution in a civil lawsuit is referred to as “civil damages.” How the amount of restitution (“damages”) to be made is calculated varies by the type of case. In a contract case, damages are awarded in the amount of the contract, or in the amount required to return the prevailing party to his financial position prior to the incident. ...
An order for paying restitution in a criminal matter is often fashioned in accordance with the crime committed. For example, if the defendant has been convicted of stealing tools out of someone’s garage, he may be ordered to reimburse the victim for the value of the tools. On the other hand, if the defendant is convicted of harassing homeless peopl...
Restitution refers to payment made by a convicted offender or party to a civil lawsuit, as ordered by the court. Compensation usually refers to payment made to victims of violent crime from a governmental program in compensation for their out of pocket expenses for injuries and other personal losses. In many states, crime victim compensation is ava...
Many people mistakenly believe that a person cannot be sued in civil court for something that has already been tried in criminal court. This is not true. The doctrine of double jeopardyapplies only to criminal cases, as these place the individual’s liberty is at jeopardy. A civil lawsuit does not ask the court to determine whether a defendant is gu...
Restitution in a criminal matter becomes part of a contract with the court, or the District Attorney’s office. Court ordered restitution payments may be set on a schedule based on the defendant’s income or ability to pay, and generally do not begin until after the defendant has been released from jail or prison. Not paying restitution payments as s...
A writ of restitution is somewhat different from the concept of making court ordered restitution payments to someone due to a criminal conviction or judgment on a civil lawsuit. A writ of restitution is a court order directing the local sheriff to physically remove a tenant and his belongings from the residence he is renting. This type of court ord...
Civil Damages – Money awarded to compensate someone for actual monetary or property losses. Also referred to as “compensatory damages,” the amount of money awarded is based on the proven loss, inju...Civil Lawsuit– A lawsuit brought about in court when one person claims to have suffered a loss due to the actions of another person.Contempt of Court – A willfulact of disobedience to an order of the court; deliberately being rude or disrespectful to the judge or the court.Criminal Code– Statutes setting out all criminal offences and their various punishments.Learn what restitution is in law, how it is calculated and ordered in civil and criminal cases, and the difference between restitution and compensation. See examples of restitution in contract, personal injury, and criminal cases, and the case of O.J. Simpson.
This book introduces readers to the central concepts and controversies in the law of restitution, focusing on unjust enrichment and restitution for wrongs as organising themes. Leading decisions in Singapore and other Commonwealth jurisdictions are used to explain the fundamental concepts in the law of restitution.
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A book review of Professor Tang Hang Wu's work on restitutionary remedies in Singapore, covering unjust enrichment and restitution for wrongs. The reviewer praises the book's clarity, succinctness, and practicality for lawyers and academics.
Judicial and legislative developments in other countries had prompted the Singapore Academy of Law’s Law Reform Committee to recommend the abolition of this common law rule (see Paper on Reforms to the Law of Restitution on Mistakes of Law (9 April 2001), available on LawNet’s ‘Free Resources and References’ at http://www.lawnet.com.
