Which is the primary focus of the Law of restitution?

• A. Legislation
• B. Law of restitution
• C. Breach of Statutory Duty
• D. Criminal Law

Answer: (B)

The focus is on undoing unjust enrichment and restoring the party who suffered a loss to the position they would have been in before the gain occurred. Restitution aims to strip away the value that one person has gained at another’s expense and return that value, typically by refunding money or returning property. This remedy can apply even without a contract, such as in mistaken or overpayments, or where someone has benefited unfairly at another’s cost.

It's not about enacting statutes or government rules, so it isn't about legislation. It isn't about breaches of statutory duties, which are specific obligations imposed by law. And it isn't about punishing wrongdoing, as criminal law does. The law of restitution centers on restoring balance by recovering gains that ought not to have been obtained.