Question: 1. Restitution is usually inadequate to compensate the victim. What practical reasons do courts have for using restitution as a remedy?
2. Assume that a swindler must disgorge her profits if she gets caught. In order to make swindling unprofitable (expected value of swindling equals zero), how high must the probability of getting caught be?
3. Can you describe conditions when specific performance is an impossible remedy? Can you describe conditions when specific performance is an unfair remedy to a third party?