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.
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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.
“We came home from the ridotto so late, or rather so early, that it was not possible for me to write. Indeed we did not go ... till past eleven o’clock: but nobody does. A terrible reverse of the order of nature! We sleep with the sun, and wake with the moon.”
—Frances Burney (1752–1840)
“A weak man is just by accident. A strong but non-violent man is unjust by accident.”
—Mohandas K. Gandhi (1869–1948)
“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)