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Remedies • Tort - Legal Restitutionary Remedies
REM#015
Legal Definition
Generally, replevin is coupled with damages (compensatory or restitutionary) for the loss of use or benefit to the defendant during the time of detention.
Plain English Explanation
The purpose of allowing replevin (the return of a wrongfully taken item) along with damages is to make the victim whole. If someone takes something of yours, you should get it back. But you may have also lost opportunities to use that item while it was gone. So the law says the taker has to compensate you for that loss too. It's about fairness and restoring what was lost. Without this, the victim would still be out whatever they missed while separated from the item. The law cares about true justice, not just returning items.
Hypothetical
Hypo 1: Bob steals Sam's car. Sam is forced to rent a car to get to work. Sam sues Bob and asks for replevin of the car and the amount of money spent on a rental car. Result: Here, the court will award compensatory damages to compensate Sam for the amount of money he spent on a car rental while trying to get his car back from Bob.
Hypo 2: Bob steals Sam's car and uses it to be an Uber driver. Bob makes $300 Ubering using Sam's car. Sam sues Bob and asks for replevin of the car and restitutionary damages. Result: Bob has been unjustly enriched by $300 using Sam's stolen car to drive for Uber. The court will force Bob to hand this $300 over to Sam in addition to the car.
Hypo 2: Bob steals Sam's car and uses it to be an Uber driver. Bob makes $300 Ubering using Sam's car. Sam sues Bob and asks for replevin of the car and restitutionary damages. Result: Bob has been unjustly enriched by $300 using Sam's stolen car to drive for Uber. The court will force Bob to hand this $300 over to Sam in addition to the car.
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