Law 792: Restitution and Unjust Enrichment (Streamed)
Restitution is the body of law concerning civil liability for unjust enrichment. Restitution is the fourth major branch of civil law, and the law of restitution runs through all of the other three major branches—contract, tort, and property. As such, study of the law of restitution could easily be included within the first-year curriculum as a foundational subject necessary to a basic understanding of the law in general, in the United States and internationally, and as a building block integral to a full understanding of advanced commercial law subjects and sophisticated commercial litigation. This course surveys the law of restitution. The topics covered include: benefits conferred by mistake, by transactions conducted with defective consent or authority, or through transfers made under legal compulsion; restitution for unrequested interventions, including the law of subrogation; restitution for benefits acquired by tort or other breach of duty; restitution for diversion of property rights at death; restitution in conjunction with failed contracts; restitution via monetary liability and via rights in identifiable property, even in the hands of subsequent transferees; and defenses to restitution. An understanding of the issues covered in this course is useful to all practicing lawyers and particularly for civil litigators.
Sequence and Prerequisite: There are no prerequisites for this course.
Evaluation: Grading is based upon a comprehensive final examination, as well as class attendance and participation.