The law of restitution is the law of gains-based recovery. Obligations to make restitution are a type of legal response to events in the real world. When a court orders restitution, it orders the defendant to give up his gains to the claimant.
Restitution, like other legal responses, can be triggered by any one of a variety of causative events. These are events in the real world which trigger a legal response. Broadly speaking, an obligation to make restitution can be triggered by two different types of causative event:
- Unjust enrichment
It is arguable that other types of causative event can also trigger an obligation to make restitution, but the above two are by far the most important.
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