Restitution for Torts and Constructive Trusts/Equitable Liens

This lesson will discuss restitution as a remedy for defendants’ tortious conduct. It also will cover constructive trusts and equitable liens.

I.               Restitution for Tortious Conduct

Although usually a plaintiff injured by a defendant’s tort seeks compensatory damages, in certain situations a plaintiff may waive the tort and, instead, seek to disgorge a defendant’s unjust enrichment, that is, seek...