合同与履行第 865 / 1605 题
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
解析
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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同考点相关题目
- '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: