The fundamental principle upon which damages are measured under the law of contract is restitutio in integrum.
2.
This is known under the Latin phrase " restitutio in integrum " ( restoration to original state ).
3.
According to decision G 1 / 86 of the opponents are not barred from the " restitutio in integrum " by principle.
4.
The court also held that, when a contract is void " ab initio ", the remedy of " restitutio in integrum " will not be available.
5.
The court held that, as the transfer was " ab initio " void, the remedy of " restitutio in integrum " was not available to the plaintiff.
6.
If the administrators of an ecclesiastical institution refuse to accept a donation, that institution can always obtain in canon law a restitutio in integrum, whereby it is again put in a condition to accept the refused donation.
7.
As a general " condition to a rescission there must be a " restitutio in integrum " . " There was a question over this, since phosphate had been mined, and it was not so easy to put the phosphate back.
8.
The remedy of " restitutio in integrum ", furthermore, was not available to the plaintiff, as it was of the essence of that remedy that there should be a valid legal transaction to start with, from which the Court, in certain circumstances, granted relief by avoiding it " ab initio ".
9.
We think that so long as he has made no election he retains the right to determine it either way; subject to this, that if, in the interval whilst he is deliberating, an innocent third party has acquired an interest in the property, or if, in consequence of his delay the position even of the wrongdoer is affected, it will preclude him from exercising his right to rescind . It is, I think, clear on principles of general justice, that as a condition to a rescission there must be a restitutio in integrum.
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