Restitutionary Remedy

A restitutionary remedy is a type of legal remedy that seeks to restore the injured party to the position they were in before the harm was caused, by requiring the wrongdoer to return any gains or benefits obtained through their wrongful conduct.

In other words, a restitutionary remedy is designed to reverse unjust enrichment that results from a wrongful act or breach of contract. It is a way to prevent the unjust enrichment of the wrongdoer at the expense of the injured party.

Restitutionary remedies may include actions like disgorgement of profits, the return of property, or the payment of compensation for damages suffered by the victim. The goal of a restitutionary remedy is not to punish the wrongdoer, but rather to restore the injured party to the position they were in before the harm occurred.

Restitutionary remedies are often contrasted with compensatory remedies, which aim to compensate the injured party for their losses rather than restore them to their original position. However, in many cases, a restitutionary remedy can serve as a form of compensation as well, by returning to the injured party the gains or benefits obtained by the wrongdoer.
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