Restitution To Reverse Unjust Enrichment
Cases of intentional torts or breaches of fiduciary duty often allow for claims of unjust enrichment, as well as cases of statutory torts and breaches of contract. A plaintiff can even have a claim in unjust enrichment when there is no other substantive claim. The Uniform Commercial Code ("UCC") entitles a buyer who defaults restitution of the buyer's deposit to the extent it exceeds reasonable liquidated damages or actual damages. If the contract does not have a liquidated damages clause, the UCC provides a statutory sum: 20% of the price or $500, whichever is less, and the buyer who defaulted is entitled to restitution of any excess.
Read more about this topic: Restitution
Famous quotes containing the words restitution, reverse, unjust and/or enrichment:
“When someone borrows an animal from another and it is injured or dies, the owner not being present, full restitution shall be made. If the owner was present, there shall be no restitution; if it was hired, only the hiring fee is due.”
—Bible: Hebrew, Exodus 22:14,15.
“Now listen, buddy, there are a few corny ideas you got to get out of your head if you’re going to fly an airplane. Most things are just the reverse from what people think. The higher you are the safer you are. The Earth down there, that, that’s your enemy because once you hit that, boy, you splatter.”
—Dalton Trumbo (1905–1976)
“In a democracy—even if it is a so-called democracy like our white-élitist one—the greatest veneration one can show the rule of law is to keep a watch on it, and to reserve the right to judge unjust laws and the subversion of the function of the law by the power of the state. That vigilance is the most important proof of respect for the law.”
—Nadine Gordimer (b. 1923)
“War is a most uneconomical, foolish, poor arrangement, a bloody enrichment of that soil which bears the sweet flower of peace ...”
—M. E. W. Sherwood (1826–1903)