Add to ORKGThis article begins with a brief discussion of restitution as a remedy for breach of contract under the Restatement (Second) of Contracts. It then discusses the changes the Restatement of Restitution adopts and the reasons for the changes. Next, it discusses why the changes have not only failed to achieve the goal of clarifying the “prevailing confusion” related to restitution and breach of contract, but have at times created more confusion. It then explains that contract and restitution principles are not only not in tension relative to restitution for breach of contract, but in fact support such a recovery
The first portion of this article will examine the growing inclination of courts to apply tort princ...
It is commonly held that if getting a contractual remedy was costless and fully compensatory, rescis...
The scope of this Comment will be limited to discussion of restitution as an alternative remedy for ...
Professor Stewart Macaulay wondered in 1959 whether restitution, a set of doctrines applied in a wid...
This is the accepted author manuscript. The final version is available via Lexis®Library.This articl...
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payme...
It is hornbook law that restitution is sometimes available as an alternative remedy to a party who h...
There is a longstanding debate about whether courts should enforce contract terms purporting to limi...
This Article is devoted primarily to describing and analyzing the conceptual framework within which ...
The law of restitution has been the forgotten step-child of American private law for many decades. T...
Gain-based damages for breach of contract are often viewed as anomalous, and lacking a clear rationa...
This article considers how courts have responded to the inclusion of six innovative rules in the Res...
The thesis of the Article is that much of the confusion about rule 10b-5 remedies turns on the court...
The majority of American jurisdictions do not allow punitive damages for breach of contract unless t...
Contract damages aim to leave the injured party in as good a position as if the contract had been fu...
The first portion of this article will examine the growing inclination of courts to apply tort princ...
It is commonly held that if getting a contractual remedy was costless and fully compensatory, rescis...
The scope of this Comment will be limited to discussion of restitution as an alternative remedy for ...
Professor Stewart Macaulay wondered in 1959 whether restitution, a set of doctrines applied in a wid...
This is the accepted author manuscript. The final version is available via Lexis®Library.This articl...
Contracting parties sometimes have a claim to recover money paid in advance, or for reasonable payme...
It is hornbook law that restitution is sometimes available as an alternative remedy to a party who h...
There is a longstanding debate about whether courts should enforce contract terms purporting to limi...
This Article is devoted primarily to describing and analyzing the conceptual framework within which ...
The law of restitution has been the forgotten step-child of American private law for many decades. T...
Gain-based damages for breach of contract are often viewed as anomalous, and lacking a clear rationa...
This article considers how courts have responded to the inclusion of six innovative rules in the Res...
The thesis of the Article is that much of the confusion about rule 10b-5 remedies turns on the court...
The majority of American jurisdictions do not allow punitive damages for breach of contract unless t...
Contract damages aim to leave the injured party in as good a position as if the contract had been fu...
The first portion of this article will examine the growing inclination of courts to apply tort princ...
It is commonly held that if getting a contractual remedy was costless and fully compensatory, rescis...
The scope of this Comment will be limited to discussion of restitution as an alternative remedy for ...