Restatement of the Law Third,

Restitution and Unjust Enrichment

This work presents an independent and coherent body of law addressing both the remedy of restitution and the related law of unjust enrichment. It replaces the original (1937) Restatement of Restitution.

Read Restoring Restitution to the Canon – a review of the Restatement Third of Restitution and Unjust Enrichment by Douglas Laycock (Michigan Law Review).

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  •  
    Official Text Vol. 1
    708 pages, 2011, #1R3RUEOT1

    Volume 1 contains Chapters 1 through 4, covering general principles, transfers subject to avoidance, unrequested intervention, and restitution and contract.

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    Official Text Vol. 2
    777 pages, 2011, #1R3RUEOT2

    Volume 2 contains Chapters 5 through 8, covering restitution for wrongs, benefits conferred by a third person, remedies, and defenses.

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    • Cumulative Annual Supplement 2016

      Reporting Cases from July 1986 Through June 2015 that cite Restatement of the Law of Restitution (1 Vol.), and all cases through June 2015 that cite Restatement of the Law Third, Restitution and Unjust Enrichment (2 Vols.). 

      For subsequent citations, see also the Interim Case Citations to the Restatements and Principles of the Law pamphlets designated for use with the 2016 Pocket Parts and Supplements. 

      Note: Customers who order a volume that is supplemented by an annual pocket part will receive the pocket part for the current year at no additional charge. There is no need to order the pocket part separately. 

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      $75.00 511 pages 2016 #16SUPRUE
 
 
  •  
    Tentative Draft No. 7
    Tentative Draft No. 7 - PDF
    266 pages, 2010, #1R3RUETD7

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 7

    Softbound  | 1R3RUETD7  | 2010  | 266 pages  | $40.00 

    PART III — REMEDIES
    CHAPTER 7
    REMEDIES

    [Previous Sections (§§ 49-53) of Topic 1 of Chapter 7 appear in Tentative Draft No. 5 (2007). Previous Sections (§§ 54-59) of Topic 2 of Chapter 7 appear in Tentative Draft No. 6 (2008).]

    TOPIC 2
    RESTITUTION VIA RIGHTS IN IDENTIFIABLE PROPERTY

    § 60. Priority. 
    § 61. Profitable Recovery Restricted. 

    PART IV — DEFENSES TO RESTITUTION
    CHAPTER 8
    DEFENSES TO RESTITUTION

    § 62. Recipient Not Unjustly Enriched. 
    § 63. Equitable Disqualification (Unclean Hands). 
    § 64. Passing on; Rights of Third Persons. 
    § 65. Change of Position. 
    § 66. Purchase for Value (Bona Fide Purchase). 
    § 67. Payment for Value (Bona Fide Creditor). 
    § 68. Value. 
    § 69. Notice. 
    § 70. Limitation of Actions; Laches. 


    PART I — INTRODUCTION
    CHAPTER 1
    GENERAL PRINCIPLES

    § 1. Restitution and Unjust Enrichment. 
    § 2. Limiting Principles. 
    § 3. Wrongful Gain. 
    § 4. Restitution May Be Legal or Equitable or Both 

    APPENDIX
    (Proposed Revisions to Drafts Previously Approved)

    CHAPTER 4
    RESTITUTION AND CONTRACT

    TOPIC 1
    RESTITUTION TO A PERFORMING PARTY WITH NO CLAIM ON THE CONTRACT

    § 31. Unenforceability. 

    TOPIC 2
    ALTERNATIVE REMEDIES FOR BREACH OF AN ENFORCEABLE CONTRACT

    § 38. Performance-Based Damages for Breach of Contract. 
    § 39. Profit Derived from Opportunistic Breach. 

    CHAPTER 7
    REMEDIES

    TOPIC 2. RESTITUTION VIA RIGHTS IN IDENTIFIABLE PROPERTY

    § 59. Tracing into or Through a Commingled Fund. 

    This Draft was approved by the membership at the 2010 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    266 pages, 2010, #1R3RUETD7E

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 7

    Softbound  | 1R3RUETD7  | 2010  | 266 pages  | $40.00 

    PART III — REMEDIES
    CHAPTER 7
    REMEDIES

    [Previous Sections (§§ 49-53) of Topic 1 of Chapter 7 appear in Tentative Draft No. 5 (2007). Previous Sections (§§ 54-59) of Topic 2 of Chapter 7 appear in Tentative Draft No. 6 (2008).]

    TOPIC 2
    RESTITUTION VIA RIGHTS IN IDENTIFIABLE PROPERTY

    § 60. Priority. 
    § 61. Profitable Recovery Restricted. 

    PART IV — DEFENSES TO RESTITUTION
    CHAPTER 8
    DEFENSES TO RESTITUTION

    § 62. Recipient Not Unjustly Enriched. 
    § 63. Equitable Disqualification (Unclean Hands). 
    § 64. Passing on; Rights of Third Persons. 
    § 65. Change of Position. 
    § 66. Purchase for Value (Bona Fide Purchase). 
    § 67. Payment for Value (Bona Fide Creditor). 
    § 68. Value. 
    § 69. Notice. 
    § 70. Limitation of Actions; Laches. 


    PART I — INTRODUCTION
    CHAPTER 1
    GENERAL PRINCIPLES

    § 1. Restitution and Unjust Enrichment. 
    § 2. Limiting Principles. 
    § 3. Wrongful Gain. 
    § 4. Restitution May Be Legal or Equitable or Both 

    APPENDIX
    (Proposed Revisions to Drafts Previously Approved)

    CHAPTER 4
    RESTITUTION AND CONTRACT

    TOPIC 1
    RESTITUTION TO A PERFORMING PARTY WITH NO CLAIM ON THE CONTRACT

    § 31. Unenforceability. 

    TOPIC 2
    ALTERNATIVE REMEDIES FOR BREACH OF AN ENFORCEABLE CONTRACT

    § 38. Performance-Based Damages for Breach of Contract. 
    § 39. Profit Derived from Opportunistic Breach. 

    CHAPTER 7
    REMEDIES

    TOPIC 2. RESTITUTION VIA RIGHTS IN IDENTIFIABLE PROPERTY

    § 59. Tracing into or Through a Commingled Fund. 

    This Draft was approved by the membership at the 2010 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 6
    Tentative Draft No. 6 - PDF
    272 pages, 2008, #1R3RUETD6

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 6

    Softbound  | 1R3RUETD6  | 2008  | 272 pages  | $30.00

    Summary of Contents

    Part lll. Remedies
    Chapter 7. Remedies
    Topic 2. Restitution Via Rights in Identifiable Property (§§ 54-59)

    This Draft was approved by the membership at the 2008 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    272 pages, 2008, #1R3RUETD6E

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 6

    Softbound  | 1R3RUETD6  | 2008  | 272 pages  | $30.00

    Summary of Contents

    Part lll. Remedies
    Chapter 7. Remedies
    Topic 2. Restitution Via Rights in Identifiable Property (§§ 54-59)

    This Draft was approved by the membership at the 2008 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 5
    Tentative Draft No. 5 - PDF
    242 pages, 2007, #1R3RUETD5

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 5

    Softbound  | 1R3RUETD5  | 2007  | 242 pages  | $30.00 

    Summary of Contents

    Part ll. Liability in Restitution
    Chapter 5. Restitution for Wrongs
    Topic 2. Diversion of Property Rights at Death (§§ 45-46)
    Chapter 6. Three-party Enrichment
    Topic 2. Benefits Received by Defendant from a Third Party (§§ 47-48)

    Part lll. Remedies 
    Chapter 7. Remedies
    Topic 1. Restitution Via Money Judgment: The Measure of Unjust Enrichment (§§ 49-53)

    This Draft was approved by the membership at the 2007 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    242 pages, 2007, #1R3RUETD5E

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 5

    Softbound  | 1R3RUETD5  | 2007  | 242 pages  | $30.00 

    Summary of Contents

    Part ll. Liability in Restitution
    Chapter 5. Restitution for Wrongs
    Topic 2. Diversion of Property Rights at Death (§§ 45-46)
    Chapter 6. Three-party Enrichment
    Topic 2. Benefits Received by Defendant from a Third Party (§§ 47-48)

    Part lll. Remedies 
    Chapter 7. Remedies
    Topic 1. Restitution Via Money Judgment: The Measure of Unjust Enrichment (§§ 49-53)

    This Draft was approved by the membership at the 2007 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 4
    Tentative Draft No. 4 - PDF
    168 pages, 2005, #1R3RUETD4

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 4

    Softbound  | 1R3RUETD4  | 2005  | 168 pages  | $25.00 

    Summary of Contents

    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)

    This Draft was approved by the membership at the 2005 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    168 pages, 2005, #1R3RUETD4E

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 4

    Softbound  | 1R3RUETD4  | 2005  | 168 pages  | $25.00 

    Summary of Contents

    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)

    This Draft was approved by the membership at the 2005 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

     
  •  
    Tentative Draft No. 3
    Tentative Draft No. 3 - PDF
    341 pages, 2004, #1R3RUETD3

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 3

    Softbound  | 1R3RUETD3  | 2004  | 341 pages  | $35.00 

    Summary of Contents

    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)

    This Draft was approved by the membership at the 2004 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.

    341 pages, 2004, #1R3RUETD3E

    Restatement of the Law Third, Restitution and Unjust Enrichment - Tentative Draft No. 3

    Softbound  | 1R3RUETD3  | 2004  | 341 pages  | $35.00 

    Summary of Contents

    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)

    This Draft was approved by the membership at the 2004 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative.