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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.




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