Law · Legal Information · Justice
 

Restitution

Under ancient English common law, when a party enforced a court judgement and then that judgement was overturned on appeal, the appellant could ask the appeal court for restitution, or financial compensation placing that appellant in the same position as if the original legal decision had not been enforced.

To be restored to all that was lost.

Under ancient English common law, when a party enforced a court judgement and then that judgement was overturned on appeal, the appellant could ask the appeal court for "restitution", or financial compensation placing that appellant in the same position as if the original legal decision had not been enforced.

A new strain of common law has also developed a distinct doctrine of restitution, closely associated with unjust enrichment, where a person deprived of something of value belonging to them, can ask a court to order "restitution".

The best example is asking a court to reverse or correct a payment made in error.

See also restitutioin integrum.

Latest LagMag headlines:

Pro Bono Hypocrisy

Envelope please! (Drum roll.) The award for pro bono works goes to ... John Doe, Esquire and Q.C. ..... because he has the highest rates to his paying clients and he can afford to charade as a poverty avenger!

End of the World Law

As we all march to our lemming-like demise upon the cliff of environmental disaster, a path of law back to safety may yet be found.

Polygamy Now Safely Brewed In British Columbia?

The Provincial government's top law enforcement officer toys with not prosecuting polygamists and bigamists, anticipating a Charter ass-kicking in Court. If so, law is orphaned and we all suffer.


Read earlier headlines »
Subscribe to stay in touch »


Switch to variable width

Switch to fixed width

Unless otherwise noted, this article was written by Lloyd Duhaime, Barrister, Solicitor, Attorney and Lawyer (and Notary Public!). It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date. Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.

top