Courses 2010 - 2011
LAW A 518 Restitution
The course may be viewed as an advanced course in contract analysis and theory, broadly conceived. It will cover the legal and equitable devices of quasi-contract, constructive trust, and rescission as vehicles to award restitution for "unjust enrichment" under a wide variety of circumstances, including unsolicited benefits, benefits conferred under agreements that turn out to be void (e.g., because of illegality) or voidable (e.g., because of fraud or mistake), and benefits conferred under agreements the performance of which is truncated because of breach, impossibility of performance or frustration of purpose. The course will also treat restitution as an alternative remedy for tort of equitable wrong, and as a general "catch-all" remedy where other remedies seem futile or unattractive.