(G) RESTORATION OF PROPERTY

Another restitutionary remedy which arises where the defendant has committed a wrong is for the court to order that any property which the defendant obtained through the commission of the wrong should be restored to the claimant. This is illustrated by section 3(3)(a) of the Torts (Interference with Goods) Act 1977 which applies where the defendant has tortiously obtained and retained goods belonging to the claimant. This provision enables the court to order the defendant to restore the goods to the claimant, although this remedy is only available to the extent that damages are an inadequate remedy, and it creates no right to restitution, since the making of the order lies in the discretion of the court.

(H) INJUNCTIONS

In some circumstances the court may be willing to grant an injunction to prevent the defendant from profiting from the commission of a wrong.^[1] Clearly this does not operate as a restitutionary remedy, but it is a pre-emptive remedy to prevent the situation from arising where the defendant has obtained a benefit which must be given up to the claimant.

• [1] prevent a defendant from profiting from a breach of contract. The House of Lords awarded the remedy of anaccount of profits instead: [2001] 1 AC 268.