When a defendant has committed a tort, the plaintiff may prefer to seek 'restitution' rather than compensation. An order of restitution requires the defendant to do what is necessary to avoid being unjustly enriched at the plaintiff's expense.  The plaintiff need not prove that they have suffered a loss. Instead they must establish that the defendant has, through wrongful behaviour, been unjustly enriched at the plaintiff's expense. It is beyond the scope of this module to go into detail of when unjust enrichment may provide the basis for restitution. But a couple of examples will illustrate how tortious behaviour might unjustly enrich a defendant and possibly justify restitution.

• A defendant wrongfully converts a plaintiff's goods, selling them to a third party. If the defendant is allowed to keep the proceeds of the sale, they are enriched at the plaintiff's expense

• A defendant saves on expenses they would otherwise have incurred by trespassing on the plaintiff's land to save the transport costs involved in using a different route.