Restitution, Compensation and Disgorgement

Abstract

The law of remedies (in some instances, at least) looks to the consequences of a triggering event. The consequences of a triggering event may vary. In some circumstances, a claimant may suffer a loss as a result of a triggering event; in others, a defendant may gain as a result of a triggering event. Sometimes the claimant’s loss reflects the defendant’s gain made at her expense, and the defendant’s gain must be restored to her. Sometimes the claimant does not make a loss or suffers a minimal loss, but the defendant gains as a result of his wrongdoing.