Law of Restitution - 1567065376 - 9781567065374

The Law of Restitution by George E. Palmer

by: George E. Palmer
December 1995, ISBN 1567065376
ISBN 13: 9781567065374
710 pp. Hardcover

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Restitution, a vital means of redress in unjust enrichment cases, is a fundamental legal principle manifested explicitly in contract, tort, and much of the common law. Now, offering insightful analysis of principles and practical, expert advice about available remedies in a wide range of actions, The Law of Restitution gives you powerful strategies for cases involving such elements or allegations as:

Withdrawal of professional services
Disputes between contractors and subcontractors
Void leases
Foreclosure
Fraudulent bank conduct
Securities fraud
Copyright, patent, or trade secret infringement
Breach of advertising, consulting, or franchise contracts
Unjust enrichment of third-party beneficiaries

The Law of Restitution shows how important restitution is in many contract situations, sometimes as an alternative or supplement to damages, sometimes as the only choice for obtaining relief. You'll find representative cases and pleadings in abundance, to help you plan your client's position and strategy.

Volume I:

Tort or Equitable Wrong
Fraud and Misrepresentation
Restitution for he Defendant's Breach
Restitution to a Party in Default on a Contract

Volume II:

Restitution Under Unenforceable Contracts
Restitution When a Contract Obligation Is Discharged by Impossibility or Frustration of Purpose
Restitution Under Illegal Contracts
Restitution of Benefits Obtained by Duress
Unsolicited Benefits and the Volunteer
An Introduction to Mistake in Business Transactions
Mistake in Basic Assumptions

;Volume III:

Mistake in Expression or Integration
Mistake in Performance and Related Problems
Mistake in Business Transactions: Misunderstanding
Mistake in Business Transactions: Problems of General Significance
Mistake in Business Transactions: Unsolicited Benefits

;Volume IV:

Mistake in Inter Vivos Gift Transactions
Wrongful Interference with Inter Vivos Gifts: The Uses of Constructive Trust
Mistake, or Fraud and Other Wrongful Conduct Affecting Succession at Death
Three-Party Problems: Restitution of Benefits Received by the Defendant from a Third Person
Three-Party Problems: Restitution Based upon Payment or Transfer to a Third Person
Three-Party Problems: Benefits and Burdens
Where Two Parties Are Separately Liable to a Third Party