The law of restitution's the law of gains-based recovery. It's to be contrasted with the law of compensation, which's 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. For instance, Joe breaks i… (
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