restitution
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 328 U.S. 395 - Porter v. Warner Holding Co. · 1946Most cited · 1,994 citing opinions
an equitable remedy whereby the court acts in the public interest by restoring the status quo and ordering the return of that which rightfully belongs to the purchaser or tenant, as distinct from statutory damages or penalties; the Administrator does not request damages but asks the court to restore what rightfully belongs to the overcharged person
How the Supreme Court has restated “restitution”
Each Supreme Court definition of “restitution,” sized by how often later courts cited it. “Change” is measured by wording overlap with earlier definitions — a rough signal, not a semantic judgment.
How often courts cite the cases defining “restitution”
Court decisions citing the 3 opinions that defined “restitution” — 2,574 in all, by decade. Counts are citations to the defining cases as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 3 definitions, chronological · 1910–1946
- ORIGINAL
although restitution of property obtained under a contract which was illegal, because ultra vires, cannot be adjudged by force of the illegal contract, yet, as the obligation to do justice rests upon all persons, natural and artificial, if one obtains the money or property of others without authority, the law, independently of express contract, will compel restitution or compensation.
ultra vires acts
A cause of action for restitution is a type of the broader cause of action for money had and received, a remedy which is equitable in origin and function. The claimant, to prevail, must show that the money was received in such circumstances that the possessor will give offense to equity and good conscience if permitted to retain it.