3004 - Where restoration of benefits before judgment unnecessary.

§  3004.  Where restoration of benefits before judgment unnecessary. A  party who has received benefits by reason of a transaction that is  void  or  voidable  because  of  fraud,  misrepresentation,  mistake,  duress,  infancy or incompetency, and who, in an action or by way of  defense  or  counterclaim,  seeks  rescission, restitution, a declaration or judgment  that such  transaction  is  void,  or  other  relief,  whether  formerly  denominated legal or equitable, dependent upon a determination that such  transaction  was void or voidable, shall not be denied relief because of  a failure to tender before judgment restoration of  such  benefits;  but  the  court may make a tender of restoration a condition of its judgment,  and may otherwise in its judgment so adjust  the  equities  between  the  parties that unjust enrichment is avoided.