ABSTRACT

Restitutionary remedies are based on the reversal of an unjust enrichment by the defendant at the expense of the claimant. Since the law of restitution is quite distinct from the law of contract,1 the availability of a restitutionary remedy does not depend upon a breach of contract, but there is an overlap between the two branches of the law of obligations where a breach of contract does result in an unjust enrichment.