Restitution … bite size
Restitution is not a remedy for a breach of contract. Restitution is available where there is no contract and there has been unjust enrichment.
This can happen where:
- money has been paid in expectation of performance but no performance has occurred
- performance has occurred in anticipation of a contract being made, but the contract is not made.
Restitution aims to restore money paid or the value of performance to avoid unjust enrichment.