The remedy of 'restitution' in contract law is designed to:

解析

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.