If one party to a contract is not in pari delicto with the other party (that is, the one party is not as guilty as the other party) because he entered the contract due to the other party's fraud, duress, or strong economic pressure, the more innocent party may have restitution for the value of the portion of the contract he already performed.

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When one party enters a contract under conditions such as fraud, duress, or strong economic pressure, they are considered less culpable (not in pari delicto) and may be entitled to restitution for the parts of the contract they have already performed. This is because the law recognizes the imbalance in the parties' culpability and seeks to restore the more innocent party to their original position as much as possible.

If One Party to a Contract Is Not in Pari