Which of the following is NOT one of the requirements which must be satisfied before the remedy of restitution will be granted by a court?
A)It would be unjust to allow the defendant to retain the benefit.
B)The defendant has received a benefit.
C)The benefit to the defendant was at the plaintiff's expense.
D)The plaintiff has suffered loss or damage as a consequence of a breach of the contract.

Question

Quizplus · Accepted Answer

While a plaintiff may have suffered loss as a consequence of a breach of contract, this is not a requirement for the granting of the remedy of restitution. The three requirements that must be satisfied are A) it would be unjust to allow the defendant to retain the benefit, B) the defendant has received a benefit, and C) the benefit to the defendant was at the plaintiff's expense.

Which of the Following Is NOT One of the Requirements