RESTITUTION AND UNJUST ENRICHMENT
Restatement of the Law, Restitution
Restitution 1 (vol. 1) & Appendix (vols. 2-3)
vol. 1
xxv, 1,033 pp., Reporter’s Notes, ix, 208 pp., 1937, Order Code 5118, $63.50 -- Order this itemAppendix vol. 2
xiv, 462 pp., 1988, Order Code 5892, $63.50 -- Order this itemAppendix vol. 3
xiv, 393 pp., 1988, Order Code 5893, $63.50 -- Order this item[ View Shopping Cart | Checkout | Empty Shopping Cart ]
Restatement of the Law, Restitution, is generally concerned with quasi contracts and constructive trusts, that is, situations in which one person is accountable to another on the ground that he or she would otherwise unjustly benefit or the other would unjustly suffer loss. It covers the rules usually classified under the heading of quasi contracts, including a wide variety of situations to which the principles and rules stated in this Restatement are applicable, such as where a person by mistake pays a debt a second time, or is coerced into conferring a benefit upon another, or renders aid to another in an emergency, or is wrongfully deprived of his or her chattels by another who has used them for his or her own benefit. In addition, it includes not only quasi-contract actions, which are limited to actions at law to recover money, but also similar equitable remedies, such as actions to recover money that invoke the jurisdiction of equity, actions seeking restitution of specific property, or actions seeking a decree for the enforcement of a lien upon property.
Bound in with the Restatement in Volume 1 are over 200 pages of Reporters’ Notes. Volumes 2 and 3 are Appendices containing court citations to the Restatement of Restitution through June 1986. They are updated yearly by cumulative pocket parts.
Reporter for Part I, Adviser for Part II:
Warren A. Seavey, Harvard University.Reporter for Part II, Adviser for Part I:
Austin W. Scott, Harvard University.Advisers:
Ralph J. Baker, Harvard University, for Parts I and II; Francis H. Bohlen, University of Pennsylvania, for Part I; Oliver W. Branch, Supreme Court of New Hampshire, for Parts I and II; Erwin N. Griswold, Harvard University, for Parts I and II; Charles McH. Howard, Baltimore, Maryland, for Parts I and II; William E. McCurdy, Harvard University, for Parts I and II; Edwin W. Patterson, Columbia University, for Parts I and II; Edward S. Thurston, Harvard University, for Parts I and II; John D. Wickhem, Supreme Court of Wisconsin, for Part I; and Samuel Williston, Harvard University, for Parts I and II.Restatement of the Law Second, Restitution
The Second Restatement of Restitution resulted in two Tentative Drafts before the project was terminated.
Reporter:
William F. Young, Columbia University School of Law, New York, New York.Advisers:
Oscar H. Davis, Judge, United States Court of Appeals for the Federal Circuit, Washington, District of Columbia; Dan B. Dobbs, University of Arizona College of Law, Tucson, Arizona; E. Allan Farnsworth, Columbia University School of Law, New York, New York; John P. Frank, Phoenix, Arizona; Hugh R. Jones, Judge, New York Court of Appeals, Utica, New York; Ellen A. Peters, Justice, Supreme Court of Connecticut, Hartford, Connecticut; Walter V. Schaefer, Chicago, Illinois, Retired Justice, Supreme Court of Illinois; Donald A. Scott, Philadelphia, Pennsylvania; Richard H. Seeburger, University of Pittsburgh School of Law, Pittsburgh, Pennsylvania; Michael Traynor, San Francisco, California; John W. Wade, Vanderbilt University School of Law, Nashville, Tennessee; Charles Alan Wright, University of Texas School of Law, Austin, Texas.Tentative and Other Annual Meeting Drafts
Tentative Draft No. 1: Proposed Outline and Introduction for Restatement: Chapter 1. Underlying Principles of Restitution; Chapter 2. Remedies
xviii, 228 pp., 1983, Order Code 5680, $15 -- Order this itemTentative Draft No. 2 is out of print.
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Restatement of the Law Third, Restitution and Unjust Enrichment
The goal of this project is to replace the original Restatement of Restitution, promulgated in 1936. Restatement Third restores the full title, Restitution and Unjust Enrichment, that appeared on the Tentative Drafts of the original Restatement but that was dropped when the official text was published, thus emphasizing that the subject matter encompasses an independent and coherent body of law, the law of unjust enrichment, and not simply the remedy of restitution.
Reporter:
Andrew Kull, Emory University School of Law, Atlanta, Georgia.Advisers
: Morris S. Arnold, Judge, United States Court of Appeals for the Eighth Circuit, Little Rock, Arkansas; Helen Davis Chaitman, New York, New York; Melvin A. Eisenberg, University of California at Berkeley School of Law, Berkeley, California; E. Allan Farnsworth, Columbia University School of Law, New York, New York; Susan M. Freeman, Phoenix, Arizona; R. Nicholas Gimbel, Philadelphia, Pennsylvania; D. Brock Hornby, Chief Judge, United States District Court for the District of Maine, Portland, Maine [from 2000]; Richard W. Hulbert, New York, New York; Jack B. Jacobs, Vice-Chancellor, Delaware Court of Chancery, Wilmington, Delaware; Gareth Jones, Trinity College, Cambridge University, Cambridge, England; Sim Lake, Judge, United States District Court for the Southern District of Texas, Houston, Texas; Douglas Laycock, The University of Texas School of Law, Austin, Texas; John D. McCamus, Osgoode Hall Law School of York University, North York, Ontario, Canada; Pamela B. Minzner, Justice, New Mexico Supreme Court, Santa Fe, New Mexico; Oliver C. Mitchell, Jr., Dearborn, Michigan; Phil C. Neal, Chicago, Illinois; Ellen Ash Peters, Hartford, Connecticut; formerly Chief Justice, Connecticut Supreme Court; Eric A. Posner, University of Chicago Law School, Chicago, Illinois; James F. Queenan, Jr., Judge, United States Bankruptcy Court for the District of Massachusetts, Worcester, Massachusetts; Doug Rendleman, Washington and Lee University School of Law, Lexington, Virginia; Judith W. Rogers, Judge, United States Court of Appeals for the District of Columbia Circuit, Washington, District of Columbia; Peter Schlechtriem, University of Freiburg, Freiburg, Germany; Emily L. Sherwin, University of San Diego School of Law, San Diego, California; Michael Traynor, San Francisco, California [to 2000]; Joseph A. Wheelock, Jr., Williamstown, Massachusetts; William F. Young, Columbia University School of Law, New York, New York [from 1999].Tentative and Other Annual Meeting Drafts
*Discussion Draft: Part I. Introduction: Chapter 1. General Principles; Part II. Liability in Restitution: Chapter 2. Transfers Subject to Avoidance
xxiii, 341 pp., 2000, Order Code 1R3RESTIDD, $30 -- Order this item*Tentative Draft No. 1: Part II. Liability in Restitution: Chapter 2. Transfers Subject to Avoidance (§§ 5-16, 18, 19), xx, 338 pp., 2001, Order Code 1R3RESTITD1, $35 -- Order this item
*Tentative Draft No. 2: Part II. Liability in Restitution: Chapter 2. Transfers Subject to Avoidance (§ 17); Chapter 3. Intentional Transactions (§§ 20-26) xx, 174 pp., 2002, Order Code 1R3RUETD2, $25 -- Order this item
*Tentative Draft No. 3: Part II. Liability in Restitution: Chapter 3. Intentional Transactions, Topic 2. Self-Interested Intervention (§§ 27-30); Chapter 4. Restitution and Contract, Topic 1. Restitution to a Performing Party with No Claim on the Contract (§§ 31-36); Topic 2. Restitutionary Remedies for Breach of an Enforceable Contract (§§ 37-38) xxi, 341 pp., 2004, Order Code 1R3RUETD3, $35 -- Order this item
*Tentative Draft No. 4: Part II. Liability in Restitution: Chapter 4. Restitution and
Contract; Topic 3. Restitution in Cases of Profitable Breach (§ 39); Chapter 5.
Restitution for Wrongs; Topic 1. Benefits Acquired by Tort or Other Breach of Duty (§§
40-44) xxii, 168 pp., 2005, Order Code 1R3RUETD4, $25 -- Order this item
*
Official text not yet published.