ABSTRACT
INTRODUCTION The topic of restitution is on the margins of contract law, and many courses will not touch on it, although it is a topic that is of increasing practical importance. By definition, the situations are ones in which there is no contract governing the relationship. This will generally be either because a contract that was made is ineffective, as a result of a mistake or illegality, or some other vitiating factor, or because the parties, while negotiating towards a contract, never in fact managed to formalise their agreement.
