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restitution

Restitution in moral signifies an act of justice by which reparation as far as possible is made for an injury that has been done to another.

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response to events in the real world. When a court orders restitution it orders the defendant to give up his gains to the claimant.

When a court orders compensation it orders the defendant to compensate the claimant for his loss.

Collection by defendant, court ordered.

The loss of two tamed ducks by someone shooting them. They were caught red handed. The courts gave us restitution.

by Medici September 25, 2007

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