Restitxjtio.L

Restoration; restitution, q. V. Restitutio In integrum. Restoration to the original (unbroken) state or condition. 1. In civil law, placing a party in the position he occupied before he was induced to enter into a contract by reason of fraud, force, fear, mistake, or incapacity. See Rescission. 3. In maritime law, putting a vessel into the condition it was in before a collision. The owner of a vessel is not liable for losp by collision, occasioned without his privity (g. v.) or knowledge, beyond the amount of his interest in the vessel, and her freight pending at the time the collision occurred. ^ Subject to that provision, the damages recoverable are established in the same manner as in suits for injuries to other personalty, and the claim for compensation may, in certain cases, extend to the loss of the freight, necessary expenses in making repairs, and unavoidable detention. Bestitutio in integrum is the leading maxim as to the measure of damages in such cases. Where repairs are practicable, the rule is, that the damages assessed shall be sufficient to restore the injured vessel to the condition she was in at the time the injury was inflicted. The rule does not allow deductions, as in insurance cases, for new materials furnished in the place of old, because the claim arises on the wrongful act, and the measure of indemnity is not hmited by any contract. Such repairs may embrace the value of the vessel. If the vessel is wholly lost, the measure is the market value at the time of her destruction. That she sunk is not evidence of total loss." See Collision, 2; Damages; Loss, 2.