vindication of property

Certain commentators propose that there is a third basis for restitution, namely the vindication of property rights with which the defendant has interfered.

He appeared to reject possibility of a change of position defence, because tracing claims were not based on unjust enrichment, rather on the simple vindication of property rights.

But the 6-to-3 decision stopped well short of the sweeping vindication of property rights that many conservatives had hoped for when the Court agreed last year to hear a South Carolina property owner's challenge to a state law barring waterfront development.