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CIPS L5M3 Exam - Topic 1 Question 54 Discussion

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
A) restitution damages intend to return the innocent party to the position they were in be-fore the contract and C) restitution damages are based on how much was gained by the breaching party as a re-sult of the breach
B) restitution damages considers the position of the breaching party before the contract
D) restitution damages are not limited to pre-agreed levels stated in the contract

CIPS L5M3 Exam - Topic 1 Question 54 Discussion

Actual exam question for CIPS's L5M3 exam
Question #: 54
Topic #: 1
[All L5M3 Questions]

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

Show Suggested Answer Hide Answer
Suggested Answer: A, C

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.


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Angelica
7 months ago
B just doesn’t sound right, why would they care about the breaching party’s position?
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Eura
7 months ago
I think C is also correct, it focuses on the breaching party's gains.
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Ashley
7 months ago
Wait, are restitution damages really not limited to what’s in the contract? That seems odd.
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Katlyn
7 months ago
Totally agree with A and C! Makes sense to me.
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Luis
8 months ago
A is definitely true, it’s all about restoring the innocent party.
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Derrick
8 months ago
I feel like B is definitely not right, but I can't quite remember why. It seems off to me.
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Joni
8 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.
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Dick
8 months 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.
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Lynelle
9 months ago
I remember that restitution measures focus on the benefit gained, so I think C might be one of the correct answers.
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Dannie
9 months 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.
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Karma
9 months 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.
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Domonique
9 months 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.
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Pamella
9 months 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.
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Catherin
11 months ago
I believe Hermila is correct. Restitution damages are not limited to pre-agreed levels, so D must be one of the correct statements.
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Hermila
11 months ago
I'm not sure about statement C. I think it's A and D that are true.
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Cruz
11 months 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.
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Frederick
11 months ago
I agree with Nan. Restitution damages aim to restore the innocent party and are based on what the breaching party gained.
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Raylene
11 months 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.
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Carlee
10 months ago
C) restitution damages are based on how much was gained by the breaching party as a result of the breach
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Alverta
11 months ago
A) restitution damages intend to return the innocent party to the position they were in before the contract
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Nan
11 months ago
I think the correct statements are A and C.
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Chantell
11 months 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.
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Lynelle
10 months ago
Yes, restitution damages are based on how much the breaching party gained from the breach.
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Lorean
11 months ago
Restitution damages aim to return the innocent party to their pre-contract position.
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Nydia
11 months ago
I agree, A and C are the correct statements about restitution measures.
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Percy
12 months 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.
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Annalee
11 months ago
I think C is also correct because restitution damages are based on how much the breaching party gained from the breach.
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Jodi
11 months ago
I agree, A is correct because restitution damages aim to restore the innocent party to their original position.
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