Which of the following statements is the best description of the remedy of 'restitution'?
A)The injured party is entitled to set aside the contract and be restored to their pre-contractual position.
B)The party at fault is restrained from breaching the contract or from committing a wrongful act.
C)The party at fault is directed to carry out their obligations under the contract.
D)The party at fault has unjustly obtained a benefit at the injured party's expense and is ordered to restore it to the injured party.

Question

Quizplus · Accepted Answer

Restitution refers to the remedy of restoring a party to their pre-contractual position by requiring the party at fault to return any unjustly obtained benefit to the injured party. Therefore, option D is the correct answer. Option A describes the remedy of rescission, option B describes the remedy of injunction, and option C describes the remedy of specific performance.

Which of the Following Statements Is the Best Description of the Remedy