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Legal Remedies

Restitution

Washington and Lee Law Review

Publication Year

Articles 1 - 15 of 15

Full-Text Articles in Law

Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling Mar 2015

Coverage For Ill - Gotten Gains? Discussing The (Un)Insurability Of Restitution And Disgorgement, Katherine C. Skilling

Washington and Lee Law Review

No abstract provided.


Beyond Ex Post Expediency—An Ex Ante View Of Rescission And Restitution, Richard R.W. Brooks, Alexander Stremitzer Jun 2011

Beyond Ex Post Expediency—An Ex Ante View Of Rescission And Restitution, Richard R.W. Brooks, Alexander Stremitzer

Washington and Lee Law Review

It is commonly held that if getting a contractual remedy was costless and fully compensatory, rescission followed by restitution would not exist as a remedy for breach of contract. This claim, we will demonstrate, is not correct. Rescission and restitution offer more than remedial convenience. Rational parties, we argue, would often desire a right of rescission followed by restitution even if damages were fully compensatory and costless to enforce. The mere presence of a threat to rescind, even if not carried out, exerts an effect on the behavior of parties. Parties can enlist this effect to increase the value of …


Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver Jun 2011

Bp Oil Spill: Compensation, Agency Costs,And Restitution, David F. Partlett, Russell L. Weaver

Washington and Lee Law Review

No abstract provided.


Indeterminacy And The Law Of Restitution, James Steven Rogers Jun 2011

Indeterminacy And The Law Of Restitution, James Steven Rogers

Washington and Lee Law Review

No abstract provided.


When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan Jun 2011

When The Bezzle Bursts: Restitutionary Distribution Of Assets After Ponzi Schemes Enter Bankruptcy, Mallory A. Sullivan

Washington and Lee Law Review

No abstract provided.


Introduction: Mission Accomplished, Brandon Hasbrouck Jun 2011

Introduction: Mission Accomplished, Brandon Hasbrouck

Washington and Lee Law Review

No abstract provided.


Three Restatements Of Restitution, Andrew Kull Jun 2011

Three Restatements Of Restitution, Andrew Kull

Washington and Lee Law Review

No abstract provided.


Moses V. Macferlan 250 Years On, W. M. C. Gummow Jun 2011

Moses V. Macferlan 250 Years On, W. M. C. Gummow

Washington and Lee Law Review

The continued influence of this decision of Lord Mansfield upon the scope of the action for money had and received is apparent in the Restatement (Third) of Restitution & Unjust Enrichment, recently adopted by the American Law Institute. The basic proposition that the action lies where the money was received in such circumstances that retention would offend equity and good conscience informs the Restatement. In particular, over definition and dissection of the defence of "change of position" by reference to "good faith" of the recipient diverts attention from the question whether in the circumstances of the case it would be …


Intent To Charge For Unsolicited Benefits Conferred In An Emergency: A Case Study In The Meaning Of "Unjust" In The Restatement (Third) Of Restitution & Unjust Enrichment, Louis E. Wolcher Jun 2011

Intent To Charge For Unsolicited Benefits Conferred In An Emergency: A Case Study In The Meaning Of "Unjust" In The Restatement (Third) Of Restitution & Unjust Enrichment, Louis E. Wolcher

Washington and Lee Law Review

This Article is a legal and jurisprudential case study that attempts to shed light on the use of the word "unjust" in the law of restitution as it has been reinterpreted by the new Restatement (Third) of Restitution & Unjust Enrichment. The particular case studied is the legal meaning of the term "intent to charge" in the law’s treatment of claims for unsolicited benefits conferred in emergencies. The author conducts a thought experiment involving the use of a sworn "Declaration of Intent to Charge for Benefits Conferred" to illustrate certain ambiguities and difficulties in the way the new Restatement deals …


Unjust Impoverishment: Using Restitution Reasoning In Today’S Mortgage Crisis, Peter Linzer, Donna L. Huffman Jun 2011

Unjust Impoverishment: Using Restitution Reasoning In Today’S Mortgage Crisis, Peter Linzer, Donna L. Huffman

Washington and Lee Law Review

No abstract provided.


Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman Jun 2011

Measurement Of Restitution: Coordinating Restitution With Compensatory Damages And Punitive Damages, Doug Rendleman

Washington and Lee Law Review

No abstract provided.


Restitution In A Contractual Context And The Restatement (Third) Of Restitution & Unjust Enrichment, Joseph M. C. Perillo Jun 2011

Restitution In A Contractual Context And The Restatement (Third) Of Restitution & Unjust Enrichment, Joseph M. C. Perillo

Washington and Lee Law Review

No abstract provided.


Restitution And The Production Of Legal Doctrine, Chaim Saiman Jan 2008

Restitution And The Production Of Legal Doctrine, Chaim Saiman

Washington and Lee Law Review

No abstract provided.


Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman Jan 2008

Restating Restitution: The Restatement Process And Its Critics, Doug Rendleman

Washington and Lee Law Review

No abstract provided.


Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus Jan 2008

Rethinking Section 142 Of The Restatement Of Restitution: Fault, Bad Faith, And Change Of Position, John D. Mccamus

Washington and Lee Law Review

No abstract provided.