Which of the following statements about Restitution Measures is TRUE?

Restitution Measures are an award which seeks to return the value of a benefit which has been seen to be unfairly received.

Which of the following statements about Restitution Measures is TRUE? Select TWO
A . restitution damages intend to return the innocent party to the position they were in be-fore the contract
B. restitution damages considers the position of the breaching party before the contract
C. restitution damages are based on how much was gained by the breaching party as a re-sult of the breach
D. restitution damages are not limited to pre-agreed levels stated in the contract

Answer: A,C

Explanation:

The correct answers are 1 and 3. These are taken from p. 124. Option 2 is incorrect – this is the definition of reliance damages. Option 4 is also incorrect- restitution damages are limited to pre-agreed levels stated in the contract.