Restitution for Wrongs

Abstract

This article examines the theoretical justifications in awarding restitutionary damages for civil wrongs and argues that restitutionary damages should be available as of right so long as appropriate rules of causation and remoteness to the different kinds of wrongs are developed as well. In addition the scope of proprietary remedies should be rationalised and should only be explicable on institutional constructive trust principles. Only exceptionally should the remedial constructive trust be invoked.