Which statement best describes restitution?

Which statement best describes restitution?

• A. A punitive remedy for breach
• B. Quasi-contract; protects against unjust enrichment
• C. A remedy only available in tort cases
• D. A form of specific performance

Answer: (B)

Restitution is the remedy that aims to prevent someone from being unjustly enriched at another’s expense by restoring the value or benefit transferred. This concept rests on quasi-contract principles, meaning the law imposes a duty to return benefit even when there isn’t a formal contract, so the obligation arises to avoid unjust enrichment. It isn’t punitive or about punishing a breach; it’s about putting things back to where they should be. It also isn’t limited to tort law—it can apply in contract and quasi-contract situations, not just in tort. And it isn’t specific performance, which would compel someone to do or complete a contractual obligation; restitution focuses on returning value already conferred.

Restitution is the remedy that aims to prevent someone from being unjustly enriched at another’s expense by restoring the value or benefit transferred. This concept rests on quasi-contract principles, meaning the law imposes a duty to return benefit even when there isn’t a formal contract, so the obligation arises to avoid unjust enrichment. It isn’t punitive or about punishing a breach; it’s about putting things back to where they should be. It also isn’t limited to tort law—it can apply in contract and quasi-contract situations, not just in tort. And it isn’t specific performance, which would compel someone to do or complete a contractual obligation; restitution focuses on returning value already conferred.