The law of restitution is an area concerned with whether a claimant can claim a benefit obtained at the expense of the claimant from the defendant.1 It is not the same as compensation,2 as it is not concerned with whether the claimant can be compensated for loss suffered.3 Restitutionary remedies also differ from contractual claims such as the claim for indemnity,4 because restitutionary liability is imposed by the law irrespective of the agreement of the parties. In fact, the law of restitution is subordinate to the law of contract since, where a contractual relationship exists, the contractual regime prevails.5 Further, restitutionary claims differ from tort claims, as they need not be founded on the commission of any wrongdoing, although restitutionary remedies are sometimes available in the case of a wrong.6 Where the defendant has profited from the commission