Legal Speak Made Easy

“Restitutio in Integrum”

An ancient Roman law remedy literally meaning "restoration to the original state", restitutio in integrum aims to restore people, as far as possible, to the position they would have been in if a wrongful act or transaction hadn’t occurred.

So, when a contract is rescinded, the aim is to return both parties to their pre-contract positions. If, for example, a seller sold you a defective car and the court cancelled the contract, the seller would have to return your money, and you would have to return the car. Likewise, when damages are awarded, the principle is to put you in the financial position you would have been in had the wrong not been committed. If therefore your car was written off in an accident caused by another driver's negligence, the damages awarded would generally compensate you for all your financial losses : the value of your vehicle, towing charges etc.

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