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Remedies • Tort - Equitable Restitutionary Remedies
REM#018
Legal Definition
Equitable restitutionary remedies in tort consist of (1) constructive trusts and (2) equitable liens and are geared towards preventing the defendant from being unjustly enriched.
Plain English Explanation
Sometimes, property is illegally or unfairly taken from someone and the justice system needs a way to make things right and get the property back to who rightfully, and equitably, owns it. The court accomplishes this through "equitable restitutionary remedies," of which there are two that we will discuss in their own cards (constructive trusts and equitable liens). These legal tools allow victims to get their property back, or at least fair compensation for what they lost. They're designed to restore both people to their standing before the theft happen and make sure no one's unfairly profiting off—or benefiting from—stolen property.
Hypothetical
Hypo 1: Amy has a will that leaves Sam a huge, beautiful house. Amy also chooses to leave Bob a smaller house. Before she dies, Bob goes to Amy's lawyer and, under false pretenses, gets the will modified so Sam receives the small house and Bob gets the big, beautiful one. After Amy dies, Bob inherits the bigger house and turns it into a profitable Haunted Bed & Breakfast. He starts raking in money, thanks to the spooky gothic architecture of the house. After a while, Sam discovers that Bob cheated him out of his house. What can he do? Result: This is the perfect opportunity for an equitable restitutionary remedy. If Sam can prove that Bob got the title to the house illegally, the court can undo the harm caused by Bob by utilizing equitable restitutionary remedies that we will discuss in other cards.
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