In which of the following situations is restitution available as a remedy?
A) For a party in default.
B) As an alternative remedy for a party injured by breach.
C) For a party who may not enforce the contract because of the statute of frauds.
D) All of these are situations in which restitution is available.

Question

Quizplus · Accepted Answer

Restitution is available in all these situations as it aims to restore the injured party to the position they were in before the contract was made or breached. It can be sought by a defaulting party under certain conditions, by a party injured by breach as an alternative to damages, and by a party who cannot enforce a contract due to the statute of frauds to recover benefits conferred in reliance on the contract.

In Which of the Following Situations Is Restitution Available as a Remedy