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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.


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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.

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