Question

Which of the following statements is not correct regarding restitution?

Options:
a) Recovery is undiminished by any loss which would have been incurred by complete performance.
b) The measure of recovery for restitution is quantum meruit, the reasonable value of the performance.
c) A plaintiff may not join a claim for restitution with a claim for damages from breach of contract.
d) The impact of restitution is to allow a promisee to recover the value of services he gave to the defendant irrespective of whether he would have lost money on the contract and been unable to recover in a suit on the contract.

Answer 1

The false statement is letter "D": The impact of restitution is to allow a promisee to recover the value of services he gave to the defendant irrespective of whether he would have lost money on the contract and been unable to recover in a suit on the contract.

Step-by-step explanation:

In Law, restitution implies returning the monetary value loss of property to the party affected after a trial. Restitution implies returning the material goods a defendant could have taken from the plaintiff or compensating that person in monetary value for the damages caused.

Only in the case there was property loss, restitution plays like a grant there will be a compensation for the damages. If there are not significant damages or if no monetary pact was signed in a contract, there is no reason why a plaintiff should ask for restitution.