''Restitutio ad integrum'', or ''restitutio in integrum'', is a

Latin term __NOTOC__ This is a list of Wikipedia articles of Latin phrases and their translation into English. ''To view all phrases on a single, lengthy document, see: List of Latin phrases (full)'' The list also is divided alphabetically into twenty page ...

that means "restoration to original condition". It is one of the primary guiding principles behind the awarding of

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...

claims. In

European patent law European patent law covers a range of legislations including national patent laws, the Strasbourg Convention of 1963, the European Patent Convention of 1973, and a number of European Union directives and regulations. For some states in Eastern ...

, it also refers to a means of redress available to an applicant or patentee who has failed to meet a time limit despite exercising all due care. In ancient

Roman law Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...

, it was a specific method of

praetor Praetor ( , ), also pretor, was the title granted by the government of Ancient Rome to a man acting in one of two official capacities: (i) the commander of an army, and (ii) as an elected '' magistratus'' (magistrate), assigned to discharge vari ...

intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful.

Common law negligence claims

''Restitutio ad integrum'' is one of the primary guiding principles behind the awarding of

claims. The general rule, as the principle implies, is that the amount of compensation awarded should put the successful plaintiff in the position that would have been the case if the tortious action had not been committed. Thus, the plaintiff should clearly be awarded damages for direct expenses such as medical bills and property repairs and the loss of future earnings attributable to the injury, which often involves difficult speculation on the future career and promotion prospects. Although monetary compensation cannot be directly equated with physical deprivation, it is generally accepted that compensation should also be awarded for loss of amenities, which reflects the decrease in expected standard of living from any injury suffered and pain and suffering. Damages awards in those categories are justified by the ''restitutio'' principle as monetary compensation provides the most practicable way of redressing the deprivation caused by physical injury.

Cases

*''Graham v. Egan'' 15 La. Ann. 97, 98 (1860). In considering whether to give the mortgagor money damages or restore the property itself, the court said in regard to restitution: "He can restore the property itself, and place the ortgagorin the same condition he would have occupied if he had not been harassed with an unfounded demand. This is precisely what is meant by the restitution in integrum. If there be ground for restitution at all, there is the same ground for a complete restitution, a restitution in integrum". *''

Emile Erlanger v The New Sombrero Phosphate Company ''Erlanger v New Sombrero Phosphate Co'' (1878) 3 App Cas 1218 is a landmark English contract law, restitution and UK company law case. It concerned rescission for misrepresentation and how the impossibility of counter restitution may be a bar t ...

'' (1877–78) L.R. 3 App. Cas. 1218 *''Livingstone v Rawyards Coal Co'' (1880) 5 App Cas 25,39, per Lord Blackburn, compensation should be "that sum of money which will put the party who has been injured in the same position as he would have been if he had not sustained the wrong for which he is now getting his compensation or reparation".

Patent law

The expression ''restitutio in integrum'' is also used in

patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...

law, namely in the

European Patent Convention The European Patent Convention (EPC), also known as the Convention on the Grant of European Patents of 5 October 1973, is a multilateral treaty instituting the European Patent Organisation and providing an autonomous legal system according to ...

(EPC), and refers to a means of redress available to an applicant or patentee who has failed to meet a time limit in spite of exercising "all due care required by the circumstances". If the request for ''restitutio in integrum'' is accepted, the applicant or patentee is re-established in its rights, as if the time limit had been duly met. According to decision G 1/86 of the Enlarged Board of Appeal of the European Patent Office, other parties such as opponents are not barred from the ''restitutio in integrum'' by principle. For instance, if an opponent fails to file the statement of grounds for appeal in spite of all due care, after having duly filed the notice of appeal, ''restitutio'' remedies are available to them.G 1/86 of the Enlarged Board of Appeal of the European Patent Office
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Ancient Roman law

''Restitutio in integrum'' had a distinct meaning in ancient

that differed from its common law counterpart. The core concept of reversing to original condition was preserved, but ''restitutio in integrum'' was a specific method of

intervention in an otherwise-valid legal action that was viewed as especially unjust or harmful. It was an extraordinary measure designed to protect from arbitrary application of law, which Romans viewed very unfavorably (expressed in the Latin

maxim Maxim or Maksim may refer to: Entertainment * ''Maxim'' (magazine), an international men's magazine ** ''Maxim'' (Australia), the Australian edition ** ''Maxim'' (India), the Indian edition *Maxim Radio, ''Maxim'' magazine's radio channel on Sir ...

''summum ius, summa iniuria'' "the greatest law is the greatest injury"). As such, it was an ''ultimum remedium'' ("ultimate remedy"), which was used only when all other avenues of protection from injustice were expanded. Examples of situations in which ''restitutio in integrum'' might have been employed were harmful legal actions undertaken by those below 25 years of age because of their inexperience and legal actions undertaken with erroneous assumptions (''error'') or in fear (''metus'') of another's threat (''vis'').

References

{{Authority control Latin legal terminology Law of negligence European Patent Organisation Tort law Roman law