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pratik (self working)     21 June 2010

There is a difference between law of restitution & law of co

[PLS ELABORATE OR PLS GIVE YOUR VALUABLE COMMENTS ON THE BELOW MENTIONED TIOPICS IN DETAIL IF POSSIBLE PLS IT IS A REQUEST]

There is a difference between law of restitution & law of compensation.

The law of restitution is the law of gains-based recovery. It is to be contrasted with the law of compensation, which is the law of loss-based recovery. Obligations to make restitution and obligations to pay compensation are each a type of legal response. When a court orders restitution it orders the defendant to give up his gains to the claimant. When a court orders compensation it orders the defendant to compensate the claimant for his or her loss.

 In contract law an integration clause, or merger clause is a term in the language of the contract that declares it to be the complete and final agreement between the parties. The existence of such a term is conclusive proof that no varied or additional conditions exist with respect to the performance of the contract beyond those that are in the writing. A contract that has such a clause is deemed an integrated contract, and any previous negotiations in which the parties to the contract had considered different terms will be deemed superseded by the final writing. Sometimes is also known as "Entire Agreement" Clause, and, in its case, it is usually drafted at the end of the contract.

 I KNOW THAT THAT THIS NOT THE QUERY FORUM BUT THAN ALOS PLS TELL ME THE DETAIL INFO ABOUT Parol Evidence Rule Which is as follws but i want that the learned experts should more elaborate it in a depth pls .

The parol evidence rule is a common law rule in contract  cases that prevents a party to a written contract from presenting evidence that contradicts or adds to the written terms of the contract that appears to be whole. In order for the rule to be effective, the contract in question must first be a final integrated writing; it must, in the judgment of the court, be the final agreement between the parties.

Thanks A Lot.



Learning

 2 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     02 July 2010

Mr Pratik you are filing many such theoritical querries which has no relevance with actual problems.

Devesh A. Bhatia (Advocate)     04 July 2010

Law of restitution is based upon the phenomenon of putting the injured person in the same position as he was, before the injury was caused. For example Rs. 1 lac were stolen from a person. When police gets the money and returns it the law of restitution applies. ie putting person back in the position he was before the damage was causes. Police will not tell the theif to compensate the aggrieved party another 25,000 for the theft he made

Law of compensation relies on the damage caused beyond the actual damage. In present the case of Union Carbide is in limelight. That case itself shows that the law of compensation applies and the victims are dead themselves but their families are suffering and should be compensated for the loss. 

Law of compensation usually applies in civil cases especially in cases of torts.


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