Restitution is available when:
A) Elizabeth agrees to sell an acre of land to Vanessa,and after Vanessa makes a partial payment Elizabeth wrongfully refuses to transfer title.
B) Lawrence makes an oral contract to provide physical training for Lee for fourteen months and Lee discharges Lawrence after six months.
C) Gilbert uses undue influence to induce Cynthia to sell him an antique chair for $10.
D) Restitution is available in all of these cases.

Question

Quizplus · Accepted Answer

Restitution is a remedy designed to prevent unjust enrichment. In all the given scenarios, restitution could be sought to return the parties to their positions before the unjust act occurred. In scenario A, Vanessa could seek restitution for the partial payment made for a transaction that was not completed due to Elizabeth's refusal. In scenario B, Lawrence could seek restitution for the loss of expected income from the contract terminated by Lee. In scenario C, Cynthia could seek restitution to recover the antique chair or its value due to Gilbert's use of undue influence. Thus, restitution is applicable in all these cases to prevent unjust enrichment.

Restitution Is Available When