restitutionary

In the case at hand, the restitutionary claim has been made out.

Alternatively, he may show that a restitutionary defence is available.

The present case is concerned with the restitutionary provisions contained in the Act.

In my view the English cases show that these are two distinct defences to a restitutionary claim.

In Canada a general restitutionary defence of change of position is recognized.

The restitutionary and compensatory damages, thought the Court, should be alternatives.

They are not available for the purposes of the subsection (2) restitutionary remedy.

In a recent Australian case, it was held that the defendant could not raise restitutionary defences to such an action.

In this case the Ministry of Defence elected for the restitutionary remedy.

The transferor, however, generally has the option of a restitutionary action to recover the property.

This has been presented as a restitutionary claim.

In other cases, "implied contract" means only that the courts are willing to grant restitutionary relief.

These restitutionary provisions are in the same terms as the corresponding provisions of section 5.

English law gives effect to restitutionary proprietary interests (assuming that it does at all) through a number of devices.

It provides a restitutionary remedy in the following terms:

Nevertheless the exercise is not without value insofar as it illustrates the factors likely to be material in a restitutionary claim.

Had he known that accepting the services imposed a restitutionary obligation, he would not have accepted them.

There had been merely a "partial failure of consideration", not total, and therefore restitutionary damages were barred.

The restitutionary principles applicable to subrogation have no application to marshalling.

Finally, it is the Commission that determines the appropriate "punishment" over and above the restitutionary component of the "sentence".

The restitutionary and compensatory provisions of section 5 do not in terms identify the person or persons against whom the remedies are available.

Pecuniary damages are awarded for economic losses, and are restitutionary in nature.

It established that in some circumstances, where ordinary remedies are inadequate, restitutionary damages may be awarded.

Equitable remedies impose a strict liability and are restitutionary.

First, he held that the plaintiff had actually made a mistake of fact, and hence was subject to general restitutionary principles, including any applicable defences.