Restitution in Texas: Civil Liability for Unjust Enrichment

The Texas Supreme Court appears to have adopted the modem view of restitution, but its rulings lack the detailed guidance needed by lower courts. This Article therefore concludes with suggestions that 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 modem terms that describe the law of restitution. None of these suggestions requires a radical departure by the Texas Supreme Court from what it has already established in restitution cases