What Is Restitution In Contract Law?

What Is Restitution In Contract Law
What is Restitution? Definition and meaning In law, remedy for a breach of contract by which the parties are restored to their original positions before the contract was made or the breach occurred. are distinguished from restitution in that compensate for a party who has suffered a loss.

What is an example of restitution?

Home » Blog » What Is Restitution and What Does It Mean for Crime Victims? Put simply, restitution is payment for an injury or loss. In a criminal case, a perpetrator of a crime may be ordered to pay restitution to a victim when his or her crime causes the victim a financial loss.

This is different than a court-imposed fine, in that fines are paid to the government to deter future criminal behavior. Examples of restitution might include a shoplifter who is ordered to repay a store owner for the cost of a stolen item, or an assailant who must pay for their victim’s medical expenses after a violent assault.

In homicide cases, restitution can even cover funeral costs. Victims also may be compensated for lost wages and out of pocket expenses, such as restoring credit history after an identity theft. All states have laws requiring convicted defendants to pay restitution, the purpose of which is to make victims whole or on par with where they were financially before the crime and to make offenders directly accountable to the people they harm.

  • For these reasons, judges must consider restitution, or partial restitution, as part of any sentence or plea bargain.
  • Direct victims may be individuals, corporations or other entities, while indirect victims may be eligible for restitution on behalf of a loved one.
  • For instance, the survivors of someone killed in a robbery.

Third parties, such as government agencies or victim compensation programs, are eligible to receive restitution funds as repayment for financially supporting victims of crime. Insurance companies can also be eligible third parties. A judge may impose a restitution cash award on a criminal defendant, but how it is collected varies by state.

  1. Collection also depends on the offender’s ability to pay, and as a result, victims can wait years before receiving payment.
  2. Many victims never receive the full amount.
  3. Restitution payments, however, can be made a condition of probation or parole, and in such cases victims should may be instructed to speak with the perpetrator’s probation or parole officer when payments are not made.

If you or someone you know has questions about restitution law, or needs help in recovering restitution funds, do not wait to contact an experienced attorney and learn more about your rights. Remember, we are your local, community law firm you may schedule a free case evaluation with 24 hours a day, 7 days a week.

What is the restitution meaning?

: an act of restoring or a condition of being restored : such as. : a restoration of something to its rightful owner. : a making good of or giving an equivalent for some injury.

What is the purpose of the law of restitution?

Restitution is a court-ordered payment made by the perpetrator of a crime to the victims of that crime. Restitution is meant to restore the crime victim financially to the point they were at prior to the crime.

What are the grounds of restitution?

A remedy based upon the principle of unjust enrichment. For the claimant to bring a restitutionary claim, the defendant must have been unjustly enriched at the expense of the claimant. A restitutionary remedy seeks to reverse that unjust enrichment, by restoring the relevant benefit or enrichment to the claimant.

What are the four types of restitution?

Q. What is restitution? A. When the court orders an offender to pay restitution, it is ordering them to pay back the damage caused, both to the state and to the victim(s). The court orders restitution in all cases and does not consider the offender’s ability (or inability) to pay when the order is made.Q.

When is restitution ordered by the courts? A. The court orders restitution as part of the sentencing. In fact, the restitution order is read aloud in court along with the sentence to prison.Q. Are there different types of restitution? There are three different types of restitution: restitution fines, parole revocation fines, and direct orders.

The court can order all three types of restitution in the same case. If the offender is found guilty in multiple cases, the court can order all three types of restitution in each case.Q. What is a restitution fine? A. Restitution fines are the offender’s “debt to society.” These fines are how offenders pay back the state for the crime they committed.

  • Restitution fines are paid to the Victims Compensation and Government Claims Board and are ordered in amounts ranging from $300-$10,000 (see California Penal Code §1202.4).Q.
  • What is a parole revocation fine? A.
  • At the time of sentencing, the judge may also order a parole revocation fine, which means the amount of the offender’s restitution fine will be doubled if they violate parole and their parole is revoked (see Penal Code §1202.45).Q.

What is a direct order? A. The court orders a direct order of restitution to pay back the victim(s) of the crime. The amount of the direct order is based on the amount of the loss each victim suffered as a result of the crime. There is no maximum amount a judge can order for this type of restitution.

  1. This type of restitution goes directly to the victim.Q.
  2. What is the Victim’s Compensation Government Claims Board? A.
  3. The Victim’s Compensation and Government Claims Board is a state agency that exists to serve victims of crime.
  4. Their Victim Compensation Program (CalVCP) provides assistance, financially, to victims of violent crime.

It is not part of the California Department of Corrections and Rehabilitation.Q. Why does the Victim’s Compensation Government Claims Board collect fine money? A. The Victims Compensation and Government Claims Board collects fine money to aid victims of violent crimes.

  1. The money collected by the Board usually goes directly to the people and organizations helping victims, for example, dentists, psychologists, domestic violence centers, and funeral homes.Q.
  2. How is restitution collected while I am in prison? A.
  3. The California Department of Corrections and Rehabilitation (CDCR) automatically collects 50 percent of prison wages or other money deposited into your trust account to pay your restitution.

The CDCR will always collect money to pay direct orders before collecting money to pay for restitution fines.Q. Can I make voluntary payments on my restitution? A. You can send voluntary payments on your restitution to the accounting trust office at the institution where you are housed.

Exact procedures vary between institutions. For more information you can talk to your Correctional Counselor.Q. What is the 10% administrative fee? A. As of January 1, 2022 the California Department of Corrections and Rehabilitation no longer collects the 10% administrative fee due to the 2021 California Assembly Bill 177.Q.

How do I keep track of the restitution I owe while I am in prison? A. Your institution may provide you with a copy of your restitution balance on a monthly basis. Direct any specific questions about your restitution to your Correctional Counselor.Q. How is my direct order restitution collected once I leave prison? A.

  • The California Department of Corrections and Rehabilitation will refer your direct order restitution debt to the California Franchise Tax Board for collection once you are released from prison.
  • You must make arrangements with the Franchise Tax Board from that point forward to satisfy your direct order restitution.Q.

How are my restitution fines collected once I leave prison? A. While on parole, you may voluntarily send payments to: California Department of Corrections and Rehabilitation Trust Accounting Office P.O. Box 276088 Sacramento, CA 95827 Clearly mark your name and CDC number on the check or money order and make it payable to the California Department of Corrections and Rehabilitation.

  1. Upon discharge from parole any unpaid restitution fines and parole revocation fines will also be referred to the Franchise Tax Board for collection.Q.
  2. How do I keep track of the restitution I owe while on parole? A.
  3. Your parole agent can provide you with copies of your restitution balance and respond to specific questions about your restitution.Q.

Can I transfer my parole to another state if I owe restitution? A. You must pay off your restitution in full to transfer your parole to another state. Once you pay off your restitution, your parole agent will request a receipt showing a zero balance to submit with your transfer request.Q.

Can I be discharged from parole early if I owe restitution? A. You must make reasonable payments on your restitution while on parole to receive favorable consideration for early release. Payment of restitution is part of a successful parole.Q. What happens if I don’t pay my restitution? A. Restitution never goes away.

Even if you declare bankruptcy you will still owe restitution, All unpaid restitution will eventually be referred to the Franchise Tax Board for collection after you are released from prison. For more information on Franchise Tax Board collections: Parolee/Discharged Offender Victim Restitution Collection Program

Which situation is the best example of restitution?

Matching Definitions

This type of reasoning questions consists of a definition followed by four choices. You have to choose one option that is a perfect example of the given definition.1) It is called Restitution when you compensate someone for damaging his or her property in some way. Which of the following situations is the best example of Restitution?

  1. Tom borrows his friend’s car and returns the car with an empty petrol tank. He apologizes and tells his friend that he will fill the tank tomorrow.
  2. Tom borrows his friend’s camera. Tom fails to zipper the case, and the camera falls on the ground, and the lens shatters. When Tom returns the camera, he tells his friend that he will pay for the damage.
  3. Peter asks Tom to stay in his apartment when he is out of the town. One day Tom arrives to stay and finds that pipe has burst and the apartment is filled with water. He calls the plumber to repair the pipe and pays for the repair.
  4. A pothole in the parking of Peter’s company caused his flat tyre. He informs his boss and expects that the company should pay for the repair.
  • Answer: B
  • Explanation:
  • Tom damaged his friend’s camera when the camera was in his possession, and he agreed to pay for the repair.

2) A Guarantee is a promise or formal assurance that attests to the quality of a product. It is generally given in writing by the company or verbally by a person selling the product. It says that a product will be repaired, replaced or money will be refunded if it is not of a specified quality. Which of the following situations is the best example of the Guarantee?

  1. Tom bought a cell phone with the highest consumer ratings in its category.
  2. The salesperson assures Peter that he is buying a camera with a guarantee.
  3. Peter buys a used camera from John. John assures that it is a quality product and he will refund the money if the camera does not work properly.
  4. The auto body shop is specialized in refurbishing and selling used cars.
  1. Answer: C
  2. Explanation:
  3. In option C, John assures Peter that he is buying a quality product and the money will be refunded if the camera lacks in performance.

3) An informal gathering occurs when a group of people meets in a casual and relaxed manner. Which of the following situations is the best example of informal gathering?

  1. The workers meet on the first Monday of every month to discuss important issues.
  2. On hearing about his promotion, Peter and his colleagues decided to go out for a quick drink in the evening.
  3. Mary has sent invitations to all her friends to gather in a hotel to celebrate her birthday.
  4. Tom and Mary decided to organize a family gathering to celebrate their marriage anniversary.

Answer: B Explanation: In option B, on getting the good news, Peter and his colleagues decide to meet casually for a drink in the evening. The other options are talking about the formal types of gatherings.4) Power of Attorney refers to a legal document that gives an individual authority to act for another person in specified or all financial matters.

  1. Mary is selling her apartment, and she hires a lawyer to evaluate the deal.
  2. Due to illness, Tom’s mother can no longer visit the bank to deposit money and cash her cheques. She has completed some legal formalities to enable Tom to do such tasks for her.
  3. Peter’s father is elderly, so Peter thinks he is not able to make decisions, and he should make decisions on his behalf.
  4. Tom completes all the formalities so that his father could open a retirement account with the bank.

Answer: B Explanation: In choice B, Tom’s mother has taken legal steps to authorize her son to act on her behalf. It indicates a legal document is created to establish power of attorney.5) It is called Posthumous Publication when a book is published after the death of its author. Which of the following situations is the best example of Posthumous Publication?

  1. Daniel died before he could enjoy the early reviews of his book.
  2. Peter’s publisher canceled his book contract after he failed to provide the manuscript on time.
  3. Mellissa never thought that she would live to see her novel in her trilogy published.
  4. Mary is honored with an award for her writing career, and her daughter accepted the reward on behalf of her deceased mother.

Answer: A Explanation: Option A indicates that Daniel was not alive to see the reviews of his book. It shows that Daniel died before the book was published. Option D, talk about the award, it does not indicate that a book was published after the writer’s death. Next Topic

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: Matching Definitions

How do you use restitution?

What Is Restitution? – Restitution is the act of restoration. The term is commonly used in civil and criminal cases. Restitution in civil cases is a remedy correlated with unjust enrichment in which the funds recovered are generally based on the gain of the defendant rather than the loss of the plaintiff.

Restitution in criminal cases is a partial or full compensation payment made to a victim for a loss, that is paid by the criminal. The order of payment is usually made during sentencing or as a condition of receiving probation. One of the costs imposed on a criminal may be that they return stolen goods or make a payment to the victim for the damages that they’ve caused.

Therefore, in this case, restitution is a condition where the defendant returns the goods or makes a payment in order to receive probation. The goal of restitution is to attain fairness and avoid the unjust enrichment of an individual or party. Restitution is commonly used in contractual situations when one party has granted a benefit or compensation to another party but is unable to collect because the contract has become defective or no longer exists.

  • For example, consider a person who builds a shed on a piece of property that doesn’t belong to them.
  • Assume further that the shed is erected without a contract and that the property owner refuses to pay the contractor for the barn.
  • Under the doctrine of restitution, and because there was no contract, the court has the right to make the property owner pay the contractor for the costs of materials and labor.

Restitution will be calculated, not based on the plaintiff’s loss, but instead on the gains of the defendant. Restitution requires defendants to relinquish any profits that they’ve unlawfully obtained and return them to the plaintiff. Restitution seems to be used most often in contract law.

Parties looking for restitution are not able to seek out lost earnings or profits caused by a breach of contract, Restitution can only be obtained by a plaintiff that includes this claim in their initial complaint. Also, unless the amount can be accurately calculated, restitution will not be granted.

There are two main reasons why restitution is most commonly awarded:

To make the plaintiff whole and to restore them to a place financially where they were prior to the offense. To forestall the unjust enrichment of the defendant.

To summarize, restitution comes in two formats:

A financial remedy to restore one party to a financial position where they would’ve been prior to the improper action of another party. Ordered by courts during an administrative penalty or criminal sentence.

What is the difference between damages and restitution?

1993) (‘Restitution measures the remedy by the defendant’s gain and seeks to force disgorgement of that gain. It differs in its goal or principle form damages, which measures the remedy by the plaintiff’s loss and seeks to provide compensation for that loss.’).

Is restitution a cause of action?

The law of restitution and unjust enrichment creates remedies and causes of action based on gain to defendant rather than loss to plaintiff. It follows that in appropriate cases, courts may impose liability for unjust enrichment even though the wrong that is the basis for plaintiff’s claim caused no harm.

What are the advantages of restitution?

Restitution – Courts order restitution as part of a person’s sentence when the victim can demonstrate that he or she sustained pecuniary losses (such as medical expenses, lost wages, or stolen or damaged property) as a result of the crime. Restitution can be vitally important to victims because they may lack the resources to make up for these losses on their own.

In addition, collection of restitution can provide the victim with assurance that the person who committed the crime is being held accountable for his or her actions. For a victim to receive restitution, he or she must document losses and expenses that occurred as a result of the crime and share that information with probation officers, prosecutors, and the courts.

A probation officer will then include the victim’s losses in a pre-sentence investigation report that recommends a sentence to the judge. A prosecutor may subsequently ask for restitution as part of the sentence and may request a restitution hearing to determine if and how much restitution is owed.

In addition to considering the losses suffered by the victim, a judge may take into account the offender’s current and future ability to pay when determining how much restitution to order. The person ordered to pay restitution is expected to pay the full amount of restitution owed over the course of his or her sentence.

Court-ordered restitution does not guarantee that the person ordered to pay it will do so, but it creates a means by which the state can pursue payment on behalf of the victim. Key benefits of restitution

Covers all offense types Holds people who committed offenses accountable Pays for losses not covered by compensation

What is the formula of restitution?

V 2 −v 1 =−e(u 2 −u 1 ). This formula is Newton’s law of restitution. The coefficient of restitution always satisfies 0≤e≤1. When e=0, the balls remain in contact after the collision.

What is force of restitution?

When external forces are removed then due to internal reactive forces, the substance regains its original configuration. These internal reactive forces are called restoring or restitution force.

What is the remedy of restitution?

A restitution remedy is basically a solution that affords some form of award that a plaintiff needs to recover from damages done by a defendant. Such a remedy is calculated on the gains of a defendant instead of the losses of the plaintiff.3 min read 1.

  1. Ey Differences 2.
  2. Restitution in the Court System A restitution remedy is basically a solution that affords some form of award that a plaintiff needs to recover from damages done by a defendant.
  3. Such a remedy is calculated on the gains of a defendant instead of the losses of the plaintiff.
  4. Restitution essentially mandates that a defendant forfeit all gains that have unlawfully placed the plaintiff at a disadvantage.

When it comes to contract law, restitution is the most often used. Restitution in an agreement is designed to restore an injured party, or a party who underwent damages in some form, to a previous position before the contract was entered. Parties that desire restitution cannot seek lost earnings and profits stemming from the breach.

To give proper compensation to a victim while restoring finances to an offended party To prevent the unjust enrichment of a defendant and stop them from retaining gains that are unlawful

Restitution usually applies when a person has benefited at the expense of another and the offending party makes some sort of gain over the other. For contract lawsuits, the non-breaching party may cancel the agreement and usher in a lawsuit for restitution if a non-breaching party has been bestowed a benefit to the breaching party to the detriment of another party.

  1. Criminal cases apply if a defendant must pay the hospital bills of a victim of criminal battery; otherwise known as criminal restitution.
  2. Other remedies stemming from gains are awarded in cases where a defendant has ushered in profits from wrongdoing of some kind.
  3. Plaintiffs usually desire restitution when agreements are voided by a judge due to incapacity or incompetence of the defendant.

The law also allows incapacitated people to disavow contract duties but usually only if a plaintiff is in a worse position. The usual rule is that payment of money under mistakes could be recovered if such payments will prejudice a payee. Moreover, it is also considered an unjustified enrichment to allow recipients to keep money due to a mistake.

What is another synonym for restitution?

See definition of restitution on Dictionary.com. nouncompensation, repayment.

What are the effects of restitution?

Abstract – A group of 419 adult property offenders granted probation and ordered to repay their victims for the direct monetary losses or property damage incurred as a result of their crime were matched on 28 variables to a group of 179 offenders who were not ordered to pay restitution to their victims.

  1. Compared to those not ordered to repay their victims, the offenders ordered to pay restitution had a more difficult probation experience, having more revocations filed against them and showing a greater frequency of reporting, physical health, and money problems.
  2. No difference in arrest rate or time on probation was discovered.

Those offenders ordered to pay restitution but who did not pay in full had the greatest problems of all, showing the highest revocation filing and actual revocation rate, rate of convictions, and time served. Payment characteristics were described for offenders who paid all, part, or none of their restitution debt by probation’s end.

What is the difference between restitution and forfeiture?

Whereas restitution is measured by the losses to victims and forfeiture is measured by the proceeds of a criminal offense, both amounts frequently turn out to be the same-especially in financial fraud cases.

Is restitution a form of retribution?

Retribution prevents crime by giving victims or society a feeling of avengement. Restitution prevents crime by punishing the defendant financially.

Which situation below is the best example of establishing a power of attorney?

14. Establishing a Power of Attorney occurs when a legal document is created that gives one individual the authority to act for another. Which situation below is the best example of Establishing a Power of Attorney?
A. Louise is selling her house and she hires a lawyer to review the contract.
B. Simone’s mother can no longer get to the bank to cash her checks and make deposits, so she has taken legal steps to enable Simone to do these things for her.
C. Jack’s father is elderly and Jack thinks he is no longer able to make decisions for himself.
D. At her daughter’s urging, Mrs.Lenox opens up a retirement account with the local bank.

Answer: Option B Explanation: Simone’s mother has taken legal steps to allow another person to act on her behalf. Therefore, this is the only choice that indicates that a power of attorney has been established.

Which situation below is the best example of erratic behavior?

Read each definition and all four choices carefully, and find the answer that provides the best example of the given definition.

8. Erratic Behavior occurs when an individual acts in a manner that lacks consistency, regularity, and uniformity. Which situation below is the best example of Erratic Behavior?
, Julia cannot contain her anger whenever the subject of local politics is discussed.
, Martin has just been told that he is being laid off. Before leaving his supervisor’s office, he punches a hole in the door.
, Rhonda has visited the dealership several times, but she still cannot decide which car to buy.
, In the past month, Jeffrey, who has been a model employee for three years, has repeatedly called in sick, forgotten important meetings, and been verbally abusive to colleagues.

Answer: Option D Explanation: Jeffrey’s recent behavior is clearly inconsistent and irregular.

What does the Bible say about restitution?

Why Restitution Message Has Taken Back Seat, By Clerics Though It’s A Hard Message, But Some Of Us Still Preach It Prior to this time, those who wholeheartedly embraced Christianity after repentance or being ‘born again’ never toyed with the aspect of restitution.

While there were reports of some people rushing back to their former schools to restore stolen books and such other items, others went physically to those they had secretly offended or harmed in the past to apologise and ask for forgiveness. And those that married more than one wife sent the surplus packing.

Today, however, this aspect of Christianity is not so prominent. Indeed, many preachers no longer bother the adherents with such message any more. The vogue now is to focus on prosperity message. But if restitution is biblical and considered critical to the genuineness of one’s spiritual state, why is it being gradually eroded from sermons? Clerics that spoke to CHRIS IREKAMBA on the issue attribute the development to the shift from salvation and piety to prosperity.

True Ministers Are Still Preaching It’ (Pastor Jerry Asemota, Church Secretary, Deeper Life Bible Church) RESTITUTION is Biblical. It is a requirement of God and a follow up on repentance. Without restitution, repentance is not complete. For instance, if I say I have become born again, repentance is a necessity.

It is a requirement by Christ for one to be able to enter the kingdom of God. If I stole somebody’s shirt and he happens to see it on me, I need to go to him and say ‘I’m sorry I stole this shirt, which belongs to you’. Even if the fellow didn’t know I was the one that stole it, the restitution has cleared my conscience.

  • The Bible says in Romans 5:1 “Therefore, being justified by faith, we have peace with God through our Lord Jesus Christ”.
  • That justification comes as a result of repentance.
  • And the thief comes as a result of fulfilling what Christ requests us to do by faith.
  • If Christ has done His own part, I’m going to believe in Him through faith, but that can only achieve the goal if I also do my own part to fulfill God’s requirement of repentance.

During Paul’s time in the Bible, there was a time he was accused by the Jews and they brought him before the Council. The high priest ordered that he should be slapped and Paul was not happy about that. He used a language that was very offensive and the congregation reminded him that he was talking to the high priest.

  • Immediately, he said he was sorry, that he didn’t know he was a high priest.
  • Then said Paul, I wist not, brethren, that he was the high priest: for it is written, Thou shalt not speak evil of the ruler of thy people” So, restitution is making amend to what was said or returning an item that was stolen and you can go the extra length to achieve it.

The golden rule is to do unto others as you would want them do unto you. So, if a man took another’s wife, whether the woman was not happy with the husband and she left is immaterial, but as long as she belongs to somebody and another man took her to be his, he must return that woman.

The same applies to a man with two or three wives. As soon as he repents, he should do away with the other women after his original wife. So, restitution is applicable to any area of our lives and we do it to have a clear conscience before God and the offender. You can’t tell me you are born again and you are still using someone’s certificate that you got through dubious means.

When you restitute, it makes you a true child of God and a believable witness of Jesus Christ. But if you don’t do it, Heaven will know that you have actually not repented. In the case of the lady that got pregnant for a man, if her parents say that they want to keep the child, they are free.

But the man knows that the child is his and if he chooses to take the child, he is free but it has to be by mutual agreement. The fact that the girl had a child for the man doesn’t mean he should marry her. If both, however, agree to get married, it is another scenario entirely. But the child shouldn’t be a problem.

They should agree on who should keep the child. Even if a woman is already in the man’s house as his second wife, and has child or children for him and the woman decides to do restitution, the children belong to the man and he can keep them, while the woman is free to marry another person.

Those who have been preaching restitution are still doing so. However, there are those that are preaching the gospel of prosperity. The main message of Jesus Christ and John the Baptist is repentance and there is no way you can preach repentance or being born again without talking about restitution. Everybody has a past that needs to be corrected and God has forgiven the past, but for us to be able to have a good relationship with one another and before Him, we need to do restitution.

If you look at the agony and shame of going to somebody to confess, ‘I’m sorry I stole this thing,’ you won’t want to do such again. So, it encourages one to be able to live a righteous life. ‘For Anyone To Have A Justified Relationship With God, Restitution Is Necessary’ (His Grace, Most Revd.

  1. Emmanuel Josiah Udofia, Primate of the African Church/President, Christian Council of Nigeria) RESTITUTION is biblical.
  2. In fact, the Bible asks us to restitute.
  3. For instance, Zacchaeus in the Bible was a tax collector, but when he met Jesus, he saw the need to restitute so that he might be blessed and also forgiven.

Restitution is one of the things that God, through His Word, requires us to do, so that we can have a justified relationship with Him. If someone has stolen or defrauded another or maybe did evil, there is need for restitution for him/her to have a clear conscience.

  1. If a lady had a child for a man, who has repented, that was done in ignorance.
  2. She has the right to call on the young man or whosoever was responsible and tell him “Although we did it in ignorance, but I’m sorry that the deed has produced a child.” In Africa, the child automatically belongs to that man.

But she still has to restitute after which she can now rest assured that she has a clear conscience before God and the man. The man has to do the same thing, if he has also repented. What they did at that time was in violation of the Word of God. If the man calls the girl and says, ‘I’m sorry I impregnated you out of wedlock, please forgive me’, that has covered the whole thing.

Both families should meet and the man should appreciate the family for taking care of the child. We still preach about it. For example, few weeks ago, I preached at a burial ceremony and I told those present the truth of God’s Word. Though they were laughing, but I told them the truth that if you cheated on your wife or husband, then you have to restitute.

Somebody said it was not possible, but I told them the truth. Though it’s a hard message, but some of us still preach it, especially since it is Biblical. ‘Restitution Is Making Your Past Clean’ (Rt. Rev. Nnanna Odege, Moderator, Synod of the West of the Presbyterian Church of Nigeria, Yaba, Lagos) I BELIEVE restitution is something that is supposed to be done.

  1. Even though in the Bible we may not see it expressly, but by implication, restitution is a command, which all Christians and believers need to undertake.
  2. It is restoring what has been stolen, given back what was taken.
  3. I believe that when we are born again, it is to enable us make peace with Christ so that we will be saved.

What we did before then was done in ignorance and the scripture says in the time of ignorance, God overlooks and commands every one to repent. If you look at the encounter between Jesus and Zacchaeus, when the latter climbed the sycamore-fig tree in the gospel according to St.

Luke, Jesus said to him, ‘come down. Today I’m going to eat in your house,’ and in the course of that dialogue, Zacchaeus, a sinner and tax collector, who surcharged people, said to Jesus ‘whatever I have taken I will restitute four folds.’ So, being born again does not preclude us from undoing what has been done.

So, I believe as many as have opportunity to do it and the Spirit of God moves you and you have the capacity to restitute, go ahead and do it. In my church, we preach about restitution because what you did yester years in terms of taking what belonged to others is more or less, stealing, however you look at it, if you restitute that you are on the right part.

However, there are certain things that may not be restituted. For example, when you steal somebody’s certificate and you have been using it to work and perhaps the owner is dead, there is no how you can restitute such a thing. All you have to do is confess your sin and drop that certificate. I believe Jacob did restitution in that dimension at a time he was answering Esau, but his real name was Jacob.

And so, a time came when he wanted to be real and make a meaning out of his life because there was the real him inside that he never knew. He thought he could make it in life with another person’s grace, but it was not possible until his encounter with an angel.

He had to open up saying, “I have taken my brother’s birthright. I have also cheated Laban. I have done this or that but right now my real name is Jacob not Esau.” It was at that time that he came out clean. So, restitution is making your past clean and transparent. Restitution talks about bringing yourself to the purity part, where God will take you.

Restitution talks about divesting oneself of all hypocrisies and falsehood that one has been living with. The day Jacob made that confession God changed his real name to Israel. Jacob is one person while Israel is a whole nation, which means inside Jacob; there was a nation that was potentially locked up.

So, when we restitute, the real us come out and break into a nation. Everything should be restituted unless in extreme cases. It is about confessing who you have been so that you can begin to live the life of who you are and what God has ordained you to be. If a married woman has a baby outside wedlock and now shifts the responsibility to the husband, if she is a true child of God, she needs to confess her sins before her husband to let him know who the child’s father is.

If they want to keep the child fine and if it is agreed that her husband should take the child, fine. But it must be done through dialogue and negotiation. The most important thing is that she must come clean and let her husband know. Restitution has to do with repentance of the heart, which may not be easy.

  1. The girl or the man that impregnated her may seek advice from a pastor or counselor and whatever he or she tells them, they can comply with.
  2. It is left to the man whether or not to accept the child.
  3. They can decide on what to do with the baby.
  4. If you keep hiding it, you have not restituted.
  5. And it is also a lesson for politicians that have surcharged the masses.

They’ve built high scrappers with the public funds or taken Nigerian money to foreign countries. What stops a person that has repented to say ‘this is what I stole’? It is about returning what has been taken away, whether money or property. So, it is about confession of the wrong done and after that you don’t do it again.

  1. Zacchaeus Paid Back Those He Cheated’ (Dr.
  2. Francis Wale Oke, Presiding Bishop, Sword of the Spirit Ministries, Ibadan/former National Vice President, Pentecostal Fellowship of Nigeria, PFN, Southwest) RESTITUTION is the restoration of what was wrongly taken or stolen from the rightful owner.
  3. It is taking something that does not belong to you.

When God now convicts you, you said ‘you are wrong’. You do not only repent, but you also confess and then restore what you have taken wrongly as proof of genuine repentance. Restitution is in the Bible. When Zacchaeus met with Jesus, he told Him what happened, saying, “I give half of my possessions to the poor, and if I have cheated anybody out of anything, I will pay back four times the amount.” Concerning the boy and the girl, all they need to do is to genuinely repent.

There is nothing you can do about the child that was born during their friendship days. You repent and you don’t go back to immoral acts again. In that kind of situation, you don’t need restitution. It is only when you take something that does not belong to you that you restitute. If you marry more than one wife and then repent, you can settle the other wives, give them money to take care of themselves and keep the first wife.

In the beginning, God made them male and female and if you want to please God, you cannot marry more than one wife. No man is entitled to marry more than one wife. So, restitution can take the form of money, property, land and so on. ‘Preachers Preach What The People Want To Hear’ (Rev.

  1. Musa Asake, CAN National General Secretary) THE word Restitution is very biblical and it means both “restoring something to its original state” and “returning something to its rightful owner,” such as a public apology that leads to the restitution of a person’s honour and reputation.
  2. Restitution also has a specific legal meaning — an order given by a judge to a convicted criminal to make amends for the crime.

For examples, judges often order people to pay restitution for the damage they caused. The prime New Testament example of this is Zacchaeus in Luke 19:8. There, Zacchaeus, a tax collector turned believer, repented of his former life and gave half his possessions to the poor (those he formerly robbed) and paid back all he stole fourfold.

This was going above and beyond what was required, often times, by the law. In Exodus 22 and Numbers 5, we find laws concerning restitution. Sometimes, the offender is to simply replace what he took or destroyed. Other times, an extra cost was added to the value of the property as a kind of interest or restitution for the trouble of having to deal with lost, stolen, or damaged property.

All this points to the fact that in all things, we are the offending party but God is the offended one. We owe God for our sin and rebellion against Him. And the only thing that can compensate for our offence is our very lives, for the wages of sin is death.

A girl had a child for a man before he got repented; what happens to that child? It is very clear in the Bible as we read in 2Cor.5:17 “Therefor, if anyone is in Christ, he is a new creation; the old has gone, the new has come!” The old has gone, the new has come. The grace of God not only justifies but also makes a new creation, which results in a changed lifestyle (v.15).5:18: Reconciliation involves a changed relationship because our trespasses are not counted against us (v.19).

We are now to announce to others this message of God’s grace. Here is the heart of the gospel: the sinless Saviour has taken our sins that we might have God’s righteousness. It is very clear that the child is legally theirs. Old things have passed away.

The sin committed in the old life has been forgiven. It is very sad that today in many of our churches, especially the new wave churches, the Bible is being fine-tuned to suit what the preacher wants the people to hear for personal and selfish reasons. In the mainstream or orthodox churches, we were used to hearing messages of conviction, but today we hear messages of convenience, which go along with prosperity messages that are being promoted today.

The apostle Paul in his letter to the church in Rome told them that he was not ashamed of the gospel of Christ. But I’m sad to say that with the way messages are being preached in some churches today, I make bold to say that perhaps the gospel of our Lord Jesus Christ is ashamed of us, because we promote prosperity messages more than the gospel message, which would have helped in depopulating hell.

  • Pastors Preach Prosperity, Ignore Salvation And Restitution Messages’ (Bishop Moses Adedipe, General Superintendent, The Universal Christian Missions International, Inc., Lagos) RESTITUTION is very Biblical.
  • When we are wrong and we are able to get ourselves to a stage of realisation, restitution comes after confession and forgiveness.

If you offend somebody and you realise that you are wrong, you make amend. You are expected to talk to the person, confess the offence and then ask for forgiveness. There are others such as money and material things. You might have cheated somebody and for your repentance to be genuine you return whatever to the owner.

  • Restitution has several levels and it is advisable that those who have such challenges should seek counsel.
  • If you marry more than one wife, the one that is legitimately married is your wife, the rest you can settle and let them go.
  • But before sending them away, you have to let them understand your new life in Christ and why you are sending them away.

You don’t just drive them without settling them properly, so that they can go and start a new life elsewhere. Why you don’t hear many pastors preaching about restitution today is because of proliferation of churches. Many are not ready to learn today. They prefer the easy way out and that is why many pastors preach prosperity and ignore salvation message, holiness and righteousness.

In the case of the young man and girl, may be they were in school when it happened and they might not have understood what sexual relationship is all about. Now it depends on whether the parents of both have accepted the pregnancy. Biblically, she has to marry that man, but if the family of the boy refuses to accept the pregnancy, that is where the problem lies.

It would require the understanding of both parents. But if she decides to marry another person, she must confess her past life to the new man and if he accepts the child, fine. They need to be open but if they hide it, one day the truth will come out, which will likely lead to separation.

What is an example of retribution?

Retribution is the act of taking revenge. If you pull a prank on someone, expect retribution, Retribution comes from the Latin for giving back what’s due, either reward or punishment. But when we talk about retribution, we only talk about punishment. The old punishment code of “an eye for an eye, a tooth for a tooth,” is an example of retribution.

noun a justly deserved penalty noun the act of taking revenge (harming someone in retaliation for something harmful that they have done) especially in the next life “the swiftness of divine retribution ” synonyms: payback, vengeance noun the act of correcting for your wrongdoing

How do you use restitution?

What Is Restitution? – Restitution is the act of restoration. The term is commonly used in civil and criminal cases. Restitution in civil cases is a remedy correlated with unjust enrichment in which the funds recovered are generally based on the gain of the defendant rather than the loss of the plaintiff.

Restitution in criminal cases is a partial or full compensation payment made to a victim for a loss, that is paid by the criminal. The order of payment is usually made during sentencing or as a condition of receiving probation. One of the costs imposed on a criminal may be that they return stolen goods or make a payment to the victim for the damages that they’ve caused.

Therefore, in this case, restitution is a condition where the defendant returns the goods or makes a payment in order to receive probation. The goal of restitution is to attain fairness and avoid the unjust enrichment of an individual or party. Restitution is commonly used in contractual situations when one party has granted a benefit or compensation to another party but is unable to collect because the contract has become defective or no longer exists.

For example, consider a person who builds a shed on a piece of property that doesn’t belong to them. Assume further that the shed is erected without a contract and that the property owner refuses to pay the contractor for the barn. Under the doctrine of restitution, and because there was no contract, the court has the right to make the property owner pay the contractor for the costs of materials and labor.

Restitution will be calculated, not based on the plaintiff’s loss, but instead on the gains of the defendant. Restitution requires defendants to relinquish any profits that they’ve unlawfully obtained and return them to the plaintiff. Restitution seems to be used most often in contract law.

Parties looking for restitution are not able to seek out lost earnings or profits caused by a breach of contract, Restitution can only be obtained by a plaintiff that includes this claim in their initial complaint. Also, unless the amount can be accurately calculated, restitution will not be granted.

There are two main reasons why restitution is most commonly awarded:

To make the plaintiff whole and to restore them to a place financially where they were prior to the offense. To forestall the unjust enrichment of the defendant.

To summarize, restitution comes in two formats:

A financial remedy to restore one party to a financial position where they would’ve been prior to the improper action of another party. Ordered by courts during an administrative penalty or criminal sentence.

What is restitution in Christianity?

Restitution in moral theology and soteriology signifies an act of commutative justice by which exact reparation as far as possible is made for an injury that has been done to another. In the teaching of certain Christian denominations, restitution is an essential part in salvation,