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First Principles of Business Law |
| Remedies in tort |
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7. Restitution |
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7.2. Comparing compensation and restitution |
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It can be an advantage to sue in restitution if the compensatory damages that could be claimed are less than the defendant's unjust enrichment. Consider the following situation. A wrongfully converts B's boat, which has a market value of $10,000. A then sells the boat to C for $12,000. B sues A for the tort of conversion. Which one of the following statements is NOT true? |
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(a) B can claim $12,000 as damages to compensate for his loss. (b) B can claim $12,000 as restitution for A's unjust enrichment. (c) B can claim $10,000 as damages to compensate for his loss. |
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