
Contents
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1. What Is the Law of Restitution About? 1. What Is the Law of Restitution About?
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2. What Is the Nature of Restitutionary Remedies? 2. What Is the Nature of Restitutionary Remedies?
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(A) The Categories of Restitutionary Remedy (A) The Categories of Restitutionary Remedy
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(i) Personal Restitutionary Remedies (i) Personal Restitutionary Remedies
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(ii) Proprietary Restitutionary Remedies (ii) Proprietary Restitutionary Remedies
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(B) The Characteristics of Restitutionary Remedies (B) The Characteristics of Restitutionary Remedies
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(i) Restoring What the Claimant Lost (i) Restoring What the Claimant Lost
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(ii) Disgorgement (ii) Disgorgement
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(iii) Giving Up Rights and Reinstatement of Obligations (iii) Giving Up Rights and Reinstatement of Obligations
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3. When Will Restitutionary Remedies Be Awarded? 3. When Will Restitutionary Remedies Be Awarded?
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(A) The Reversal of Unjust Enrichment (A) The Reversal of Unjust Enrichment
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(i) The Descriptive Sense of Unjust Enrichment (i) The Descriptive Sense of Unjust Enrichment
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(ii) The Substantive Sense of Unjust Enrichment (ii) The Substantive Sense of Unjust Enrichment
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(B) The Deprivation of Benefits from a Wrongdoer (B) The Deprivation of Benefits from a Wrongdoer
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(i) The Nature of Restitution for Wrongs (i) The Nature of Restitution for Wrongs
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(ii) The Nature of the Restitutionary Remedy (ii) The Nature of the Restitutionary Remedy
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(C) The Vindication of Property Rights (C) The Vindication of Property Rights
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(i) The Nature of Restitutionary Claims Founded on the Vindication of Property Rights (i) The Nature of Restitutionary Claims Founded on the Vindication of Property Rights
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(ii) Is a Proprietary Restitutionary Claim Founded on Unjust Enrichment? (ii) Is a Proprietary Restitutionary Claim Founded on Unjust Enrichment?
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(iii) Criticisms of the Vindication of Property Rights Principle (iii) Criticisms of the Vindication of Property Rights Principle
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(iv) Justifying the Award of Restitutionary Remedies to Vindicate Property Rights (iv) Justifying the Award of Restitutionary Remedies to Vindicate Property Rights
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(D) Summary of the Key Principles (D) Summary of the Key Principles
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4. What Is the Justification for Recognizing an Independent Law of Restitution? 4. What Is the Justification for Recognizing an Independent Law of Restitution?
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5. The Principal Types of Restitutionary Remedy 5. The Principal Types of Restitutionary Remedy
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(A) Money Had and Received (A) Money Had and Received
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(B) Money Paid for the Benefit of the Defendant (B) Money Paid for the Benefit of the Defendant
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(C) Reasonable Value of Property and Services (C) Reasonable Value of Property and Services
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(D) Account of Profits (D) Account of Profits
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(E) Restitutionary Damages (E) Restitutionary Damages
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(F) Recognition of a Beneficial Interest (F) Recognition of a Beneficial Interest
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(G) Equitable Charge (G) Equitable Charge
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(H) Subrogation (H) Subrogation
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(i) Contractual (i) Contractual
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(ii) Restitutionary (ii) Restitutionary
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(I) Rectification (I) Rectification
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(J) Rescission (J) Rescission
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(i) The Nature of Rescission (i) The Nature of Rescission
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(ii) The Process of Rescission (ii) The Process of Rescission
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(1) Rescission at Law (1) Rescission at Law
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(2) Rescission in Equity (2) Rescission in Equity
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(iii) Restitution Following Rescission (iii) Restitution Following Rescission
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(1) Proprietary (1) Proprietary
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(2) Personal (2) Personal
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(iv) Bars to Rescission (iv) Bars to Rescission
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(1) Restoration of the Defendant Impossible (1) Restoration of the Defendant Impossible
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(2) Third-Party Rights (2) Third-Party Rights
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(3) Affirmation (3) Affirmation
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(4) Lapse of Time (4) Lapse of Time
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(v) Partial Rescission and Rescission on Terms (v) Partial Rescission and Rescission on Terms
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(vi) The Future of Rescission (vi) The Future of Rescission
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(K) Interest (K) Interest
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Cite
Abstract
This chapter first explains what the Law of Restitution is about: it is the law of gain-based remedies. It discusses the nature of restitutionary remedies, which may be categorized as personal or proprietary, and explains their characteristics. It then discusses when restitutionary remedies are awarded, including to reverse unjust enrichment, to deprive benefits from a wrongdoer, and to vindicate property rights. It explains the justification for recognizing an independent Law of Restitution. It sets out the principal types of restitutionary remedy: money had and received, money paid to the use of the defendant, reasonable value of property and services, account of profits, restitutionary damages, recognition of a beneficial interest, equitable charge, subrogation, rectification, rescission, and interest.
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