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.