The American Law Institute (ALI), the leading independent organization in the United States producing scholarly work to clarify, modernize, and improve the law, today announced that its Restatement of the Law Third, Restitution and Unjust Enrichment, is now available.
The culmination of more than a decade of legal scholarship, this publication replaces the original Restatement of Restitution published in 1937.
Andrew Kull, the Austin B. Fletcher Professor of Law at Boston University School of Law, served as the Reporter for this Restatement. He obtained the close review of a diverse group of expert Advisers and of ALI’s Members Consultative Group.
“The publication of the Restatement Third of Restitution is a very important event for the courts and the legal profession,” said Guy Miller Struve of Davis Polk & Wardwell LLP in New York City, a member of the Members Consultative Group for the Restatement. “Restitution is an increasingly significant field of the law – of coordinate importance with torts and contracts – and the Restatement Third of Restitution restates the governing principles and specific rules with a clarity and authoritativeness that will be indispensable to experts as well as to nonspecialists.”
Volume 1, comprising Chapters 1 through 4, covers general principles, transfers subject to avoidance, unrequested intervention, and restitution and contract. Volume 2, containing Chapters 5 through 8, covers restitution for wrongs, benefits conferred by a third person, remedies, and defenses.
The volumes combine clear black-letter provisions with extensive explanatory Comments, clarifying Illustrations, and detailed Reporter’s Notes. The Comments thoroughly explain the background, rationale, and applicability of the black-letter provisions, while the Reporter’s Notes document and discuss the sources for the black letter and Comments and provide a convenient basis for further research.