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Restitution In Texas: Civil Liability For Unjust Enrichment, David A. Dittfurth
Restitution In Texas: Civil Liability For Unjust Enrichment, David A. Dittfurth
Faculty Articles
The Texas Supreme Court must clarify the law of restitution. The law of restitution regulates a major area of litigation in Texas and suffers from a significant degree of confusion. The Texas Supreme Court has adopted the modern view of restitution, but its rulings lack the detailed guidance needed by lower courts. The Texas Supreme Court should establish an independent and generally applicable cause of action for unjust enrichment, describe clearly the elements of that cause of action, and lend its authority to the modern terms that describe the law of restitution.
The Texas Supreme Court’s rulings on restitution describe …
Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Distinguishing The Concept Of Strict Liability In Tort From Strict Products Liability: Medusa Unveiled, Charles E. Cantú
Faculty Articles
The justifications for strict products liability and other cases of strict liability in torts are different and distinct. The United States judiciary has limited strict liability in tort law to seven distinct scenarios: (1) animals that are trespassing, are domesticated but vicious, or are wild by nature; (2) fact situations involving ultra-hazardous activities; (3) nuisance; (4) misrepresentation; (5) vicarious liability; (6) defamation; or (7) a workman’s compensation statute.
Strict liability is imposed for harm caused by animals capable of inflicting extensive harm. It also justifies liability for ultra-hazardous activities on the basis that an individual undertakes an activity that is …