Whether an applicant can claim a refund for an injustice depends to a large extent on the injustice in question. Under English law, for example, reimbursement for breach of the loyalty obligation is widespread, but the refund for infringement is quite exceptional. The evil could be of one of the following types: The general term restitution describes the act of recovery. The term is used in many areas of the law, but it has the same meaning. There are two main reasons why reimbursement is most often granted: in Attorney General v Blake[6], an English court had to deal with the following claim. The accused had made a profit somewhere in the order of $60,000 as a direct result of the breach of his contract with the complainant. The applicant was undoubtedly entitled to damages, but had suffered little or no apparent harm. She therefore decided to seek a refund because of the illegality of the offence. The applicant won the case and the defendant was asked to pay his profits to the applicant. However, the Tribunal indicated that the normal legal response to a breach of contract was to award compensation. A restitution order was only possible in exceptional cases.

Parties seeking restitution are not able to obtain the shortfall or earnings resulting from an infringement. Restitution can only be obtained by an applicant who includes this claim in his original appeal. Although the amount cannot be calculated accurately, no refund is granted. After the publication of the order of restitution by Emperor Ferdinand II. If the property in question is not particularly identifiable, restitution is a remedy. This is the case, for example, when the applicant “requests a judgment that imposes personal liability for the payment of a sum of money.” [1] Unfair enrichment and quantum menuit are sometimes identified as types of remedies. [1] The second reason for restitution is the restitution of injustice. In this case, the applicant argues that there is a breach of contract or an unlawful act, but instead of claiming damages reflecting the harm suffered, he seeks a refund that reflects the profit that the defendant obtained from the breach. As we have seen with the contracts, this is an exceptional and very unusual remedy in cases where it is a case of infringement of property rights. Similarly, the likelihood of reimbursement is high in some criminal proceedings. Victims of theft or burglary are most likely entitled to a refund of the value of the stolen goods.

Like civil cases, third parties may be entitled, for example. B in homicide cases, the victim`s death could lead the court to recognize restitution to his family. The order of payment will generally be made during the conviction or as a condition for the acceptance of parole. One of the costs imposed on an offender may be to return the stolen goods or to pay the victim for the damage they have caused. Therefore, in this case, restitution is a condition if the defendant returns the goods or makes a payment for a conditional sentence. Let`s take a simple example. The applicant enters into a transaction agreement with the defendant. Their dispute a born out of a service interruption insurance policy. Both parties assumed that the contract was written on a specific basis.