Whatever technical distinctions we and other courts have drawn between restitution and compensatory damages in other contexts, in ordinary terms both concepts are within the definition of "damages."
The measure of restitution and the future of restitutionary damages James Edelman ♦ Introduction The development and understanding of awards of restitution for unjust enrichment has proceeded apace in the Commonwealth during the last two decades.
Restitutionary Damages for Breach of Contract: An Exercise in Private Law Theory Hanoch Dagan * This article focuses on cases of restitution within contract, investigating the normative desirability of enabling a promisee to pursue the profits derived by the promisor through a breach of contract ...
Provisions of California Restitution Law California Constitution Article 1, Section 28, subdivision b. ... (j) Any compensatory or punitive damages awarded by trial or settlement to any inmate or parolee in connection with a civil action brought against any ...
©Lawrence B. Steinberg & EfratCogan 2008 Restitution is not Damages Courts will not award a claim for damages that is disguised as a claim for restitution What is Restitution?
Even a plaintiff making a contact claim may find that she has no right to recover restitution damages (as would be the case had Barbara not made a down payment) or that she has no right to reliance damages (as would be the case had Barbara not spent money on plans and permits).
3 A restitution interest is a party's interest in recovering the amount by which he has enriched or benefited the other. ... Punitive Damages Punitive damages are damages awarded in addition to the compensatory remedy that are designed to punish a defendant for particularly ...
STATE OF NEW HAMPSHIRE MERRIMACK COUNTY SUPERIOR COURT No. 09-E-_____ Peter C. Hildreth, Bank Commissioner for the State of New Hampshire, as Liquidator for Noble
To illustrate the difference between RCE and restitution, assume that a buyer has paid the price on time, while delivery of the sale object is delayed for one year. RCE damages would allow the buyer to claim the amount of interest that she could have received on the price money had she postponed payment ...
AMENDED CLASS ACTION COMPLAINT FOR DAMAGES, RESTITUTION, AND INJUNCTIVE RELIEF - 2 C ASE N O . 08-2-26023-2 SEA T ERRELL M ARSHALL & D AUDT PLLC 3600 Fremont Avenue North Seattle, Washington 98103 TEL. 206.816.6603 • FAX 206.350.3528 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ...