MBE Rules · Remedies
Specific Restitution
Specific restitution
The rule
Equity restores specific property obtained by fraud or breach of fiduciary duty via constructive trust when the property is unique or the defendant is insolvent — money restitution otherwise suffices.
In plain English
Specific restitution is a remedy in equity that allows a party to recover specific property that was wrongfully obtained through fraud or a breach of fiduciary duty. This remedy is typically applied when the property is unique or when the defendant cannot pay monetary damages due to insolvency.
Worked example
A business partner secretly sells a rare painting owned by the partnership without the other partner's knowledge. The other partner discovers the fraud and seeks to recover the painting. Since the painting is unique, the court orders specific restitution, allowing the partner to reclaim the painting instead of just receiving money.
Memory hook
Get back what’s yours, especially if it’s one-of-a-kind!
The trap
Exams may present scenarios where students confuse specific restitution with monetary damages, especially when the property is not unique. Students must carefully assess the uniqueness and the defendant's financial status.
How examiners test it
Questions often include fact patterns involving fraud or fiduciary breaches, prompting candidates to determine whether specific restitution or monetary damages is the appropriate remedy.
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