This paper considers what is meant by restitution as a remedy, and it discusses the problems arising from the theory of unjust enrichment, which in general treats restitution as a remedy arising from a substantive law of unjust enrichment. In particular, it considers how payment for services and the recovery of transfers have been conflated, and how restitution should be understood in connection with the substantive areas of property and contract. It considers how the unjust enrichment approach is liable to distort the law in the areas of property and contract. It criticises the way in which the law of restitution and the law of unjust enrichment have been developed over recent years in English law.
Jaffey, Peter, Restitution (2019) in D Campbell and R Halson, eds, Research Handbook on Remedies in Private Law (Edward Elgar, 2019).