Section 4.39 Restitution Generally

• Library: Contracts 2016 Supp

B. (§4.39) Restitution Generally

Instead of seeking to enforce the other party’s contract obligations through the protection of the reliance or expectation interests, an aggrieved party may seek, as an alternative, to prevent the unjust enrichment of the breaching party through protection of the aggrieved party’s restitution interest. Lopp v. Peerless Serum Co.,382 S.W.2d 620, 626 (Mo. 1964); Restatement (Second) of Contracts § 373 (1981). “Restitution” is defined as the “[r]estoration of status quo and is [the] amount [that] would put plaintiff in as good a position as he would have...