Restatement of the Law Third

Restatement of the Law Third
Author: Andrew Kull
Publisher: Amer Law Inst
Total Pages: 1415
Release: 2011-01-01
Genre: Law
ISBN: 9780314604682

At head of title: The American Law Institute.

The Restatement Third, Restitution and Unjust Enrichment

The Restatement Third, Restitution and Unjust Enrichment
Author: Charles Christopher James Mitchell
Publisher:
Total Pages: 309
Release: 2013
Genre: Equitable remedies
ISBN: 9781472561350

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.

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:
Total Pages: 39
Release: 2011
Genre:
ISBN:

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?

Restitution

Restitution
Author: Lionel Smith
Publisher: Routledge
Total Pages: 580
Release: 2020-11-26
Genre: Social Science
ISBN: 1000160297

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.