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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
The principle of reparation dates back to the lex talionis of Hebrew Scripture. Anglo-Saxon courts in England before the Norman conquest also contained this principle. Under the English legal system judges must consider making a compensation order as part of the sentence for a crime.
A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes another court order to impose its will in order to compensate for the harm of a wrongful act inflicted upon an individual.
Reparations are broadly understood as compensation given for an abuse or injury. [1] The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see war reparations) that were punitive mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the World War I reparations paid by ...
Reparation (legal), the legal philosophy Reparations (transitional justice) , measures taken by the state to redress gross and systematic violations of human rights law or humanitarian law Reparations for slavery , proposed compensation for the Atlantic slave trade, to assist the descendants of enslaved peoples
McAdoo, in federal court against the U.S. Treasury Department for 68 million dollars. $68 million was the amount of cotton tax collected between 1862 and 1868 and, it was argued, was due to the plaintiffs because this cotton had been produced by them and their ancestors as a result of their involuntary servitude. This was the first documented ...
Restorative justice is an approach to justice that aims to repair the harm done to victims. [1] [2] In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm.
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...