Restitution: Civil Liability For Unjust Enrichment

Paperback | October 14, 2014

byWard Farnsworth

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Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfather and then collects under the grandfather’s will. In each of these cases, one party is unjustly enriched at the expense of another. And in all of them the law of restitution provides a way to undo the enrichment and transfer the defendant’s gains to a party with better rights to them. Tort law focuses on the harm, or costs, that one party wrongfully imposes on another. Restitution is the mirror image; it corrects gains that one party wrongfully receives at another’s expense. It is an important topic for every lawyer and for anyone else interested in how the legal system responds to injustice. 

In Restitution, Ward Farnsworth presents a guide to this body of law that is compact, lively, and insightful—the first treatment of its kind that the American law of restitution has received. The book explains restitution doctrines, remedies, and defenses with unprecedented clarity and illustrates them with vivid examples. Farnsworth demonstrates that the law of restitution is guided by a manageable and coherent set of principles that have remarkable versatility and power. Restitution makes a complex and important area of law accessible, understandable, and interesting to any reader.

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Restitution is the body of law concerned with taking away gains that someone has wrongfully obtained. The operator of a Ponzi scheme takes money from his victims by fraud and then invests it in stocks that rise in value. Or a company pays a shareholder excessive dividends or pays them to the wrong person. Or a man poisons his grandfath...

Ward Farnsworth is dean and the John Jeffers Research Chair in Law at the University of Texas School of Law. He is the author many books, including The Legal Analyst, also published by the University of Chicago Press.

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Format:PaperbackDimensions:184 pages, 9 × 6 × 0.7 inPublished:October 14, 2014Publisher:University Of Chicago PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:022614416X

ISBN - 13:9780226144160

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Table of Contents

Preface 
 
Chapter 1.             Restitution, Tort, and Contract

Chapter 2.             Mistakes               

Chapter 3.             Conferrings          

Chapter 4.             Takings 

Chapter 5.             Failed Contracts 

Chapter 6.             Money Remedies               

Chapter 7.             Equitable Remedies           

Chapter 8.             Defenses               
 
Notes     

Index

Editorial Reviews

“With illustrative hypotheticals, discussion of case law, and integration of prior scholarship, Farnsworth builds a comprehensive and illuminating approach to the doctrinal contours of restitution.”