“Remedy” – & related definitions

Definition of RESTITUTION:

n. (13c) 1. A body of substantive law in which liability is based not on tort or contract but on the defendant’s unjust enrichment. 2. The set of remedies associated with that body of law, in
which the measure of recover is usually based not on the plaintiff’s loss, but on the defendant’s
gain. Cf. COMPENSATION; DAMAGES. 3. Return or restoration of some specific thing to its
rightful owner or status. 4. Compensation for loss; especially, full or partial compensation paid
by a criminal to a victim, not awarded in a civil trial for tort, but ordered as part of a criminal
sentence or as a condition of probation. — Also termed criminal restitution. 5. Archaic. A
judicial writ restoring to a successful appellant what had been lost by reason of the lower court’s
erroneous judgment. 6. A judicial order for the restoration of stolen goods, or of their value, to the owner upon the thief’s conviction.restitutionary, adj.”[1]

     Excerpt from George E. Palmer’s The Law of Restitution:

    “The term ‘restitution’ appears in early decisions, but general recognition probably began with the publication of the Restatement of Restitution [in 1937]. The term is not wholly apt since it suggests restoration to the successful party of some benefit
obtained from him. Usually this will be the case where relief is given, but by no means always. There are cases in which the successful party obtains restitution of something he did not have before, for example a benefit received by the defendant from a third person which justly should go to the plaintiff.”[2]

     Excerpt from John D. Calamari & Joseph M. Perillo’s The Law of Contracts:

     “’Restitution’ is an ambiguous term, sometimes referring to the disgorging of something which has been taken & at times referring to compensation for injury done. Often, the result under either meaning of the term would be the same. If the plaintiff has been defrauded into paying $1,000 to the defendant, his loss & the defendant’s gain coincide.  Where they do not coincide, as where the plaintiff is out fo pocket more than the defendant has gained & the defendant’s conduct it tortious, the plaintiff will recover his loss in a quasi-contractual or equitable action for restitution. Unjust impoverishment as well as unjust enrichment is a ground for restitution. If the defendant is guilt of ta non-tortious misrepresentation, the measure of recovery is not rigid but, as in other cases of restitution, such factors as relative fault, the agreed upon risks, & the fairness of alternative risk allocations not agreed upon & not attributable to the fault of either party need to be weighed.”[3]

Definition of RETRIBUTION:

n. (14c) 1. Criminal law. Punishment imposed for a serious offense; requital. Cf. DETERRENCE; REHABILITATION (1) 2. Something justly deserved; repayment; reward.  retributive, adj.retribute, vb.

Definition of RELIEF:

“3. The redress or benefit, especially equitable in nature (such as an injunction or specific performance), that a party asks of a court. — Also termed remedy.

Definition of REMEDY:

n.. (13c) 1. The means of enforcing a right or preventing or redressing a wrong; legal or
equitable relief. — Also termed civil remedy.  2. REMEDIAL ACTION. 3. A right by which
an aggrieved party may seek relief without resort to a tribunal. Cf. RELIEF (3). — Also termed (in senses 1 & 2) law of remedy. — remedy, vb.”

“A remedy is anything a court can do for a litigant who has
been wronged or is about to be wronged. The two most common
remedies are judgments that plaintiffs are entitled to collect sums
of money from defendants (damages) & orders to defendants to
refrain from their wrongful conduct or to undo its consequences
(injunctions). The court decides whether the litigant has been
wronged under the substantive law that governs primary rights &
duties; it conducts its inquiry in accordance with the procedural
law, & sometimes their details blur into procedure. For long
periods in our past, remedies were casually equated with
procedure.”
– Douglas Laycock, Modern American Remedies 1 (4th ed.
2010)59

Definition of RECOMPENSE:

“n. (15c.) Repayment, compensation, or retribution for something, especially an injury or loss.

— recompense, vb.”
60

Definition of SATISFACTION:

“n. (14c.) 1. The giving of something with the intention, express or implied, that
it is to extinguish some existing legal or moral obligation. Satisfaction differs
from performance because it is always something given as a substitute for or
equivalent of something else, while performance is the identical thing promised to
be done. — Also termed satisfaction of debt. 2. The fulfillment of an obligation;

especially, the payment in full of a debt. — satisfy, vb.”
“Satisfaction closely resembles performance. Both
depend upon presumed intention to carry out an obligation,
but in satisfaction the thing done is something different from
the thing agreed to be done, whereas in performance the
identical act which the party contracted to do is considered to
have been done. The cases on satisfaction are usually grouped
under four heads, namely, 1.) satisfaction of debts by legacies
2.) satisfaction of legacies by legacies 3.) satisfaction (or

ademption) of legacies by portions 4.) satisfaction of portion-
debts by legacies, or by portions, really cases of satisfaction; for

satisfaction presupposes an obligation, which, of course, does
not exist in the case of a legacy in the will of a living person.”
– R.E. Megarry, Snell’s principles of Equity 226-27 z923d
ed. 1947))61
Definition of ACCORD AND SATISFACTION:

“(18c.) An agreement to substitute for an existing debt some alternative form of
discharging that debt, coupled with the actual discharge of the debt by the
substituted performance. The new agreement is called the accord, & the discharge

is called the satisfaction.”

“’Accord & satisfaction’ means an agreement between
the parties that something shall be given to, or done for, the
person who has the right of action, in satisfaction of the cause
of action. There must be not only agreement (‘accord’) but also
consideration (‘satisfaction’). Such an arrangement is really
one of substituted performance.”
– 1 E.W. Chance, Principles of Mercantile Law 101 (P.W.
French ed. 1950)62

Definition of ACCORD:

“vb. 1. To furnish or grant, especially what what is suitable or proper <accord the
litigants to stay of costs pending appeal> 2. To agree <they accord in their

opinions>”63

Definition of COMPROMISE:

“n. (15c.) 1. An agreement between two or more persons to settle matters in
dispute between them; an agreement for the settlement of a real or supposed claim
in which each party surrenders something in concession to the other. — Also
termed compromise and settlement; (erroneously) compromise settlement. See
COMPOSITION (1). 2. A debtor’s partial payment coupled with the creditor’s
promise not to claim the rest of the amount due or claimed. Cf. ACCORD. —

compromise, vb.”
64
Definition of COMPENSATION:

“n. (14c) 1. Remuneration & other benefits received in return for services

rendered; especially salary or wages.”
“Compensation consists of wages & benefits in return
for services. It is payment for work. If the work contracted for
is not done, there is no obligation to pay. [Compensation]
includes wages, stock option plans, profit-sharing,
commissions, bonuses, golden parachutes, vacation, sick pay,
medical benefits, disability, leaves of absense, & expense
reimbursement.”
– Kurt H. Decker & H. Thomas Felix II, Drafting & Revising
Employment Contracts § 3.17, at 68 (1991)

“2. Payment of damages, or any other act that a court orders to be done by a person who has caused injury to another. In theory, compensation makes the injured person whole. 3. SETOFF (2). — compensatory, compensational, adj.

References:

[1]: All definitions from: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6

[2]: 1 George E. Palmer, The Law of Restitution § 1.1, at 4 (1978)

[3]: John D. Calamari & Joseph M. Perillo’s The Law of Contracts

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