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Restitution Measures are an award which seeks to return the value of a benefit which has been seen to be unfairly received. Which of the following statements about Restitution Measures is TRUE? Select TWO
Suggested Answer: A, C
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The correct answers are 1 and 3. These are taken from p. 124. Option 2 is incorrect - this is the definition of reliance damages. Option 4 is also incorrect- restitution damages are limited to pre-agreed levels stated in the contract.
28 comments · newest first
AN
Angelica
11 months ago
B just doesn’t sound right, why would they care about the breaching party’s position?
EU
Eura
11 months ago
I think C is also correct, it focuses on the breaching party's gains.
AS
Ashley
11 months ago
Wait, are restitution damages really not limited to what’s in the contract? That seems odd.
KA
Katlyn
11 months ago
Totally agree with A and C! Makes sense to me.
LU
Luis
11 months ago
A is definitely true, it’s all about restoring the innocent party.
DE
Derrick
12 months ago
I feel like B is definitely not right, but I can't quite remember why. It seems off to me.
JO
Joni
12 months ago
I practiced a question similar to this, and I think D could be true since restitution isn't always limited by contract terms.
DI
Dick
1 year ago
I'm a bit unsure about A; it sounds familiar, but I can't recall if it's specifically about the innocent party's position.
LY
Lynelle
1 year ago
I remember that restitution measures focus on the benefit gained, so I think C might be one of the correct answers.
DA
Dannie
1 year ago
Restitution damages are based on the benefit gained by the breaching party, right? I'm pretty confident about that, but I'll double-check the other details.
KA
Karma
1 year ago
Okay, I remember learning about restitution in class. I believe it's about restoring the innocent party to their pre-contract position, not considering the breaching party's position.
DO
Domonique
1 year ago
Hmm, this question seems a bit tricky. I'll need to carefully review the differences between restitution and other types of damages to make sure I select the right statements.
PA
Pamella
1 year ago
I think I've got a good handle on restitution measures. The key is to focus on the position of the innocent party and the amount gained by the breaching party.
CA
Catherin
1 year ago
I believe Hermila is correct. Restitution damages are not limited to pre-agreed levels, so D must be one of the correct statements.
HE
Hermila
1 year ago
I'm not sure about statement C. I think it's A and D that are true.
CR
Cruz
1 year ago
Restitution, huh? Sounds like they're trying to make the breaching party pay up big time. A and C sound like the right choices to me.
FR
Frederick
1 year ago
I agree with Nan. Restitution damages aim to restore the innocent party and are based on what the breaching party gained.
RA
Raylene
1 year ago
Haha, I bet the person who wrote this question was feeling pretty 'restitutious' that day. But in all seriousness, A and C are the way to go.
CA
Carlee
1 year ago
C) restitution damages are based on how much was gained by the breaching party as a result of the breach
AL
Alverta
1 year ago
A) restitution damages intend to return the innocent party to the position they were in before the contract
NA
Nan
1 year ago
I think the correct statements are A and C.
CH
Chantell
1 year ago
Agreed, A and C make the most sense. This is a tricky one though, I had to read it a few times to really understand the concept of restitution.
LY
Lynelle
1 year ago
Yes, restitution damages are based on how much the breaching party gained from the breach.
LO
Lorean
1 year ago
Restitution damages aim to return the innocent party to their pre-contract position.
NY
Nydia
1 year ago
I agree, A and C are the correct statements about restitution measures.
PE
Percy
1 year ago
Hmm, I think A and C are the correct answers. Restitution measures are all about putting the innocent party back in their original position before the breach.
AN
Annalee
1 year ago
I think C is also correct because restitution damages are based on how much the breaching party gained from the breach.
JO
Jodi
1 year ago
I agree, A is correct because restitution damages aim to restore the innocent party to their original position.