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Restitution definition What does Restitution mean? Restitution describes the legal process of reversing a benefit obtained at another’s expense, usually under the law of unjust enrichment. The court’s aim is to strip the defendant’s gain, not to compensate the claimant’s loss, although both may coincide. Developed mainly in case law rather than statute, restitutionary liability typically requires: (1) enrichment; (2) at the claimant’s expense; (3) an unjust factor (such as mistake, duress or failure of consideration/basis); and (4) no applicable defence (most notably change of position). Common remedies include a personal money judgment (money had and received), quantum meruit/quantum valebat for the value of services or goods, rescission...
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Unjust Enrichment: Elements, ‘At the Expense’ Test, Unjust Factors, Defences, Woolwich Claims Against Public Authorities, Remedies and Interest, and Pleading alongside Contract or Tort
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Practice notes
What is unjust enrichment and when is it used?
A Claim in unjust enrichment aims to strip from a recipient the benefits derived at another’s expense and return them to the blameless party. It is sometimes labelled ‘Restitution’ or a ‘restitutionary claim’, although, strictly, restitution describes the remedy, while unjust enrichment is the underlying cause of action. The overlap in terminology stems from the fact that the unified concept of unjust enrichment emerged from claims that had long been treated as restitutionary. Contemporary unjust enrichment doctrine has evolved through centuries of jurisprudence; its core tenets were articulated by scholars and later endorsed by the highest courts. That historical lineage explains much of the present confusion about labels and categories. In this respect the subject is unusual, because instead of the principles being exhaustively set out in legislation and/or case law, a considerable share of the detail and nuance remains examined and debated in academic texts, parts of which are often cited by judges in tandem with the relevant authorities. Such materials are read alongside case law by the courts...
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Web page updated on 21/05/2026
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