The remedy of 'restitution' in contract law is designed to:
Explanation
Restitution measures what the defendant received rather than what the plaintiff lost: it gives back the benefit conferred so the defendant is not unjustly enriched. It is the measure that travels with rescission — Civil Code §1692 requires the rescinding party to restore what it received — and with quantum meruit where no enforceable price term exists. (d) is specific performance, which enforces the bargain instead of unwinding it. (c) confuses a civil remedy with a penalty; fines run to the state, and Civil Code §3294 bars punitive damages on a contract claim in any event. (a) inverts the American rule — Code of Civil Procedure §1021 leaves each side to bear its own fees unless a contract or statute provides otherwise.
Law Reference: Civil Code §1692; Code Civ. Proc. §1021; cf. Civil Code §3294This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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Related questions on this topic
- 'Undue influence' as a ground to rescind a contract typically involves:
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- Fraud in the inducement of a contract generally requires proof that a party:
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