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What is meant by doctrine of restitution?
  • a)
    Law doctrine gains based recovery
  • b)
    Law doctrine which bars recovery
  • c)
    Law doctrine which allows mercy petitions
  • d)
    Law doctrine based on death penalty
Correct answer is option 'A'. Can you explain this answer?
Most Upvoted Answer
What is meant by doctrine of restitution?a)Law doctrine gains based re...
The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. When a court orders restitution it orders the defendant to give up his/her gains to the claimant. If a minor has unjustly enriched himself equity demands that such property or goods be restored by minor. 
 Example- X a minor makes a contract with D to sell his house and pays him 50000 rupees. The contract is held as void ab intio by the court and the house is returned to X. X must return the Consideration for the house i.e. 50k back to D.
Hence, option A is correct.
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Community Answer
What is meant by doctrine of restitution?a)Law doctrine gains based re...
The doctrine of restitution is a legal principle that allows for the recovery of gains based on unjust enrichment. This doctrine aims to restore the injured party to their original position before the unjust enrichment occurred.

Key Points:
- Definition: The doctrine of restitution is a legal concept that focuses on recovering any gains or benefits that were obtained through unjust means.
- Purpose: The main purpose of this doctrine is to prevent one party from unjustly benefiting at the expense of another party.
- Recovery: Under the doctrine of restitution, the injured party may be able to recover any profits, property, or benefits that were wrongfully obtained by the other party.
- Unjust Enrichment: This doctrine is often applied in cases where one party is enriched at the expense of another party without any legal justification.
- Legal Principle: The doctrine of restitution is based on the principle of equity and aims to ensure fairness and justice in legal proceedings.

In conclusion, the doctrine of restitution plays a crucial role in ensuring that parties are not unjustly enriched at the expense of others. It allows for the recovery of gains based on unjust enrichment and aims to restore the injured party to their original position before the unjust enrichment occurred.
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