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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 ...
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 COR is a property of a pair of objects in a collision, not a single object. If a given object collides with two different objects, each collision has its own COR. When a single object is described as having a given coefficient of restitution, as if it were an intrinsic property without reference to a second object, some assumptions have been made – for example that the collision is with ...
English law has typically adopted an 'unjust factor' approach, whereby the claimant must positively identify a reason why the defendant's enrichment is 'unjust'. 'Unjust' is a generalisation of all the circumstances in which the law calls for restitution. [14]
In the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, reparation include the following forms: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition, whereby
Disgorgement is the act of giving up something on demand or by legal compulsion, for example giving up profits that were obtained illegally. [1]In United States regulatory law, disgorgement is often a civil remedy imposed by some regulatory agencies to seize illegally obtained profits.
Goff and Jones on the Law of Unjust Enrichment (formerly Goff and Jones on the Law of Restitution, usually simply abbreviated to Goff & Jones) is the leading authoritative English law textbook on restitution and unjust enrichment. First written by Robert Goff and Gareth Jones, it is presently in its tenth edition.
Examples include the right to restitution, the right to a victims' advocate, and the right not to be excluded from criminal justice proceedings. [ 2 ] [ 3 ] A key principle underlying victims' rights is the need to avoid secondary victimisation in their implementation particularly when victims' are called to take a role in criminal justice ...