Restitution

Question 1

What is restitution?

Answer 1

A cause of action and an equitable remedy that can be obtained if plaintiff confers a benefit which unjustly enriches the defendant.

Question 2

Conferred benefit

Answer 2

Benefit yielded measurable increase in the defendant’s wealth - money, property, services, debt, or savings

Question 3

Unjustly enriched

Answer 3

The defendant’s retention of the benefit must be unjust - maybe the benefit was acquired through theft, fraud, duress or undue influence.

*Wrongful conduct isn’t always required

Question 4

When will the court award restitution of a specific benefit conferred?

Answer 4

When it is feasible to do so.

Question 5

Constructive Trust

Answer 5

A judicially created equitable remedy. A means of recovering specific property from the holder of legal title who has been unjustly enriched by the acquisition of that title.

Question 6

What must a plaintiff show to get a constructive trust?

Answer 6

1. The defendant holds title to the property (not mere possession)
2. The defendant’s retention of the property would violate an equitable principle
3. The legal remedy (money) is inadequate