Abstract

Restitution has been the traditional remedy granted to the victim of an unjust enrichment. However, restitutionary remedies only work properly when, first, the victim has suffer an effective and quantifiable impoverishment equal to the amount to be restituted, and, second, the benefit obtained by the unlawfully enriched person equals the amount of the restitution. Therefore, restitution might not be a feasible remedy if either the defendant did not suffer any quantifiable loss or the quantity to be restituted is lower than the benefit obtained by the activity that unjustly enriched the plaintiff. For solving those problems, legal systems might allow the victim to claim for the benefit unduly obtained by the plaintiff.