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Legal Remedies Commons

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Public Law and Legal Theory

Washington and Lee Law Review

Journal

Restatement (Third) of the Law of Restitution and Unjust Enrichment (Proposed)

Articles 1 - 4 of 4

Full-Text Articles in Legal Remedies

The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor Jun 2011

The Restatement (Third) Of Restitution & Unjust Enrichment: Some Introductory Suggestions, Michael Traynor

Washington and Lee Law Review

No abstract provided.


A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell Jun 2011

A Relational Critique Of The Third Restatement Of Restitution § 39, David Campbell

Washington and Lee Law Review

In the Restatement (Third) of Restitution and Unjust Enrichment, breach of contract is regarded as a "wrong," and, in response to the perceived shortcomings of the current law of remedies based on compensatory damages, the proposed Section 39 seeks to provide for disgorgement of profit as an alternative remedy for "opportunistic" breach. In so doing, the Restatement is substantially repeating the argument for the extension of restitutionary remedies for breach of contract which recently has had great success in the Commonwealth. The restitutionary criticism of compensatory damages is, at root, that those damages are unable to prevent important forms of …


A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni Jun 2011

A Sin Of Admission: Why Section 62 Should Have Been Omitted From The Restatement (Third) Of Restitution & Unjust Enrichment, Adam Rigoni

Washington and Lee Law Review

No abstract provided.


Translocations And Inertia, W. F. Young Jun 2011

Translocations And Inertia, W. F. Young

Washington and Lee Law Review

No abstract provided.