Restitution for Wrongs and the Restatement (Third) of the Law of Restitution and Unjust Enrichment
Restitution for Wrongs and the Restatement (Third) of the Law of Restitution and Unjust Enrichment

Author: James Steven Rogers

Publisher:

Published: 2011

Total Pages: 39

ISBN-13:

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The law of restitution has been the forgotten step-child of American private law for many decades. The American Law Institute's current project to produce a new restatement of the law of restitution holds the promise of bringing the subject to the foreground and removing some of the confusion that many lawyers and judges feel in approaching the topic.One of the important issues that must be addressed in any comprehensive treatment of the law of restitution is how to treat those areas where the possibility of recovery based on the unjust enrichment principle overlaps with recovery based on the law of contract or tort. In those areas, it has been common to regard the law of restitution as quot;parasitic,quot; that is, it is widely assumed the other law determines whether conduct is rightful or wrongful; restitution simply provides an additional remedy in those cases where the conduct is wrongful.The thesis of this article is that this common view of the relationship between restitution and tort is wrong. It argues that it is not helpful to think that the law of tort is the natural source of judgments about what is rightful and what is wrongful. That is, the contribution of the law of restitution in that area is more than to provide an additional remedy for conduct that is judged wrongful under the law of tort or other law.The topic is not only important and timely, it has an attribute not often found in law - it's fun. How can one resist an area where the cases themselves involve such matters as trespass in the Great Onyx Cave or wrongful use of an egg washing machine, and where explanation of the problems brings to mind the Three Little Pigs or musings about the dealings between crusty old Vermonters and New York tourists?

The Restatement Third: Restitution and Unjust Enrichment
The Restatement Third: Restitution and Unjust Enrichment

Author: Charles Mitchell

Publisher: Bloomsbury Publishing

Published: 2013-05-09

Total Pages: 338

ISBN-13: 1782251367

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The publication of the Restatement Third: Unjust Enrichment and Restitution by the American Law Institute in July 2010 was an event of major importance, not only for the development of the law of unjust enrichment in the US, but also for global scholarship relating to this area of private law. The Restatement First appeared in 1937, and the Restatement Second was abandoned; hence the Restatement Third is the most significant survey of the American law on this topic for over 70 years. Private law has been a comparatively neglected area of study in US law schools for several decades, and this is particularly true of the law of unjust enrichment. However, the appearance of the Restatement Third has prompted a renewal of interest in the subject among US scholars, and it is hoped that the present volume of essays will contribute to this revival, while reflecting on the lessons to be learned from the Restatement by other legal systems. Featuring the work of leading scholars from the UK, Germany, South Africa, Canada, Hong Kong and Australia, the essays undertake critical and comparative analysis of the Restatement, and offer fresh insights into the rules that it articulates.

Restitution
Restitution

Author: Ward Farnsworth

Publisher: University of Chicago Press

Published: 2014-10-14

Total Pages: 189

ISBN-13: 022614416X

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Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. Restitution isn t concerned with rectifying an injury; it s not about losses that one person inflicts on another (those are torts). In some ways restitution is the symmetrical complement to tort law; but despite tort s high profile, its centrality to the popular understanding of what the legal system doesthe companion doctrine of restitution is much neglected in American scholarship. Ward Farnsworth suggests that this relative neglect is due to restitution s reputation as a hodge-podge of leftover doctrines that don t add up to a clear body of knowledge. He intends to provide a readable and compact book that explains the doctrine of restitution in one place, and show how its components relate to one another. Timing is particularly suitable in the wake of the 2011 publication of the American Law Institute s Restatement Third, Restitution and Unjust Enrichment. Farnsworth s book seeks, in effect, to restate the new Restatement in as concise and lively a fashion as the subject matter will permit, thought with a somewhat different organization and a bit more attention to the theory behind the rules. The book starts with a brief essay on the relationship between restitution and other bodies of law, then proceeds to consider, in a chapter apiece, the four major families of liability in restitution (mistakes; conferrings; takings; and failed trades), the two kinds of remedies available at the end of a case (money and equitable), and finally defenses against claims of unjust enrichment."

Restitution
Restitution

Author: Lionel Smith

Publisher: Routledge

Published: 2020-11-25

Total Pages: 590

ISBN-13: 1000113949

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This title was first published in 2001. In the Western legal tradition, the history of restitution for unjust enrichment reaches back to pre-classical Roman law. In common law, the roots of unjust enrichment may be said to lie in the fourteenth century; but its history as a subject of academic study is much shorter. The law of restitution has become increasingly important in the courts of the common law world during the last decade. This has generated a great deal of scholarly attention and there has been an explosion of literature as legal academics have addressed the theoretical foundations of the subject, its structure and its underlying principles.