New York Multistate Bar (MBE) Practice Exam 2026 – Comprehensive All-in-One Guide to Bar Exam Success!

Restitution focuses on preventing unjust enrichment by recovering the value of benefits that one party has unjustly received from another. It steps in to restore the other party to their position by gifting them the value of what was conferred, rather than paying for anticipated profits or punishing the wrongdoer. This remedy is measured by the value of the benefit conferred (or the defendant’s gain), not by the plaintiff’s lost profits, not by punitive purposes, and not by attorney’s fees (unless a statute or contract provides otherwise). For example, if someone receives something of value they don’t owe, restitution seeks to recover the value of that benefit so the true value is returned to the party who conferred it.