L5M3 practice question 10 of 25

Restitution Measures are an award which seeks to return the value of a benefit which has been seen to be unfairly received. Which of the following statements about Restitution Measures is TRUE? Select TWO

Answer options

A: restitution damages intend to return the innocent party to the position they were in be-fore the contract Correct answer

B: restitution damages considers the position of the breaching party before the contract

C: restitution damages are based on how much was gained by the breaching party as a re-sult of the breach Correct answer

D: restitution damages are not limited to pre-agreed levels stated in the contract

Correct Answer:

A. restitution damages intend to return the innocent party to the position they were in be-fore the contract; C. restitution damages are based on how much was gained by the breaching party as a re-sult of the breach

Explanation

The correct answers are 1 and 3. These are taken from p. 124. Option 2 is incorrect - this is the definition of reliance damages. Option 4 is also incorrect- restitution damages are limited to pre- agreed levels stated in the contract.

Keep practicing

Take the free L5M3 practice test

Ten exam-style questions with answers and explanations, plus the exam facts and study guides.

Start the free practice test