Contracts & ExecutionQuestion 865 of 1605
The remedy of 'restitution' in contract law is designed to:
a.Award the plaintiff's attorney fees automatically
b.Restore to a party any benefit unjustly conferred on the other, preventing unjust enrichment
c.Punish the breaching party with a fine
d.Force completion of the project
Explanation
Restitution aims to prevent unjust enrichment by requiring a party who has received a benefit to return it, or its value, to the party who conferred it, restoring the status quo. For example, an owner who received partial work without paying may owe its reasonable value. Restitution is compensatory and equitable, not punitive; it does not automatically award attorney fees and does not compel completion, which is the separate remedy of specific performance.
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Related questions on this topic
- 'Undue influence' as a ground to rescind a contract typically involves:
- A mutual mistake of a material fact by both parties at the time of contracting may allow:
- Fraud in the inducement of a contract generally requires proof that a party:
- Consequential (special) damages in a breach case are damages that:
- Nominal damages are awarded when:
- A 'waiver' in the context of a contract generally refers to:
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Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)