Aspen Publishing

Restitution and Unjust Enrichment: Cases and Notes

Andrew Kull, Ward Farnsworth


  • ISBN: 9781543800906

In stock.

  • Description

    Restitution is a body of law that has immense practical value and wide application to disputes of all sorts. Simply put, it is the set of rules that govern recovery of gains that a party should not keep—or “unjust enrichment,” as it is formally called; and unjust enrichment occurs every day in both private and commercial transactions. Restitution has the dual distinction of being one of the most useful but overlooked bodies of law, due to its lack of study by several generations of modern lawyers. Without a single casebook in print on the subject, it has been nearly impossible to teach restitution law in the past. Restitution and Unjust Enrichment: Cases and Notes fills that void and presents the substance, remedies and history of restitution in a practical and interesting manner.

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  • Additional Product Details

    Publication Date: 10/17/2018
    Copyright: 2018
    Pages: 600
    Hardcover: 9781543800906

    Detailed Table of Contents (PDF Download)

    Summary of Contents

    Caveat Lector

    Chapter 1 Introduction
    Section A. What Is “Restitution,” Anyway?
    Section B. Some Legal History, and an Important Case
    Section C. A Little More Legal History

    Chapter 2 Mistake
    Section A. Direct Payments
    Section B. Indirect Payments
    Section C. Benefits Other Than Money
    Section D. Mistaken Improvements
    Section E. Mistaken Gifts

    Chapter 3 Defective Consent
    Section A. Fraud and Misrepresentation
    Section B. Duress
    Section C. Undue Influence
    Section D. Incapacity

    Chapter 4 Transfers Under Legal Compulsion
    Section A. Judgment Subsequently Reversed
    Section B. Restitution of Tax Payments

    Chapter 5 Unrequested Intervention: Conferrings
    Section A. Emergencies
    Section B. Performance of Another’s Duty
    Section C. Indemnity and Contribution
    Section D. Equitable Subrogation
    Section E. Self-Interested Intervention
    Section F. Former Cohabitants
    Section G. Common Fund

    Chapter 6 Failed Trades: Restitution and Contract
    Section A. Undoing or Correcting the Parties’ Mistakes
    Section B. Restitution to a Performing Party with No Claim on the Contract
    Section C. Alternative Remedies for Breach of an
    Enforceable Contract
    Section D. Profitable Breach of Contract

    Chapter 7 Restitution For Wrongs
    Section A. Trespass and Conversion
    Section B. Fraud and Misrepresentation
    Section C. Infringement and the Like
    Section D. Fiduciary or Confidential Relation
    Section E. Other Torts
    Section F. Diversion of Property Rights at Death

    Chapter 8 Remedies
    Section A. Restitution in Money: The Measure of Enrichment
    Section B. Asset-Based Restitution: Following Property into Its Product
    Section C. Commingled Fund

    Chapter 9 Defenses
    Section A. Change of Position
    Section B. Bona Fide Purchase
    Section C. Creditor/Payees
    Section D. Equitable Disqualification (Unclean Hands)
    Section E. Limitation of Actions
    Section F. “Payable In Point of Honor And Honesty”

    Chapter 10 Priority
    Section A. Claimant v. Creditor in Insolvency
    Section B. Displacement by Statute: Bankruptcy Code
    Section C. Displacement by Statute: Uniform Commercial Code

    Table of Cases

  • Author Information

    Ward Farnsworth

    Ward Farnsworth is a Nancy E. Barton Scholar and Professor of Law at Boston University. He holds a B.A. from Wesleyan University and a J.D. with high honors from the University of Chicago Law School.
    After graduating from the University of Chicago in 1994, Ward Farnsworth worked as a law clerk to Richard A. Posner, Chief Judge of the United States Court of Appeals for the Seventh Circuit, and to Anthony M. Kennedy, Associate Justice of the United States Supreme Court. In 1996, he served as a legal adviser to the Iran-United States Claims Tribunal in The Hague. Professor Farnsworth joined the BU Law faculty in 1997 and now teaches courses on civil procedure, tort law, and rhetoric.
    The University of Chicago Press recently published Professor Farnsworth’s book, The Legal Analyst, a manual that examines analytical methods and the process of legal thought for lawyers. He also is the author of a book about rhetoric that will be published in early 2009 and a treatise on chess that is available on the Internet. Finally, he is the co-author of Torts: Cases and Questions, a casebook first published in 2004 by Aspen Law & Business and revised in 2009.

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