When a deal falls apart, money has often already changed hands or work has already been done. Restitution is the body of law that decides who keeps what — not by compensating loss, but by stripping away gains a defendant cannot justly keep. For a solicitor, this is everyday territory: advising a client who paid for goods that never arrived, a contractor cut off mid-job, or a party trying to hold on to a deposit after the other side walked away. Knowing how recovery is measured, and what can block it, is what turns a vague grievance into a workable claim.
This lesson builds the picture step by step:
- Nature of Restitution and Unjust Enrichment — what restitution does, how it differs from damages, and the four elements of an unjust enrichment claim.
- Enrichment at the Claimant's Expense — what counts as a benefit, the subjective devaluation argument, and the requirement that the gain came from the claimant.
- Unjust Factors — the recognised reasons that make retention unjust, including failure of basis and mistake.
- Measure of Restitution and Defences — how recovery is valued and the defences, including change of position, that cut it down.
- Quantum Meruit and Entire Obligations — claiming the reasonable value of work, and the harsh rule that bites on partial performance.
- Deposits, Part-Payments and Account of Profits — what is forfeited, what is recoverable, and when a court strips a wrongdoer's profits.