Law Restitution

Law of Restitution, 3rd Edition (1-year Online Subscription)

Edited by George E. Palmer · Gail Whittemore
Wolters Kluwer Legal & Regulatory U.S. (Online)

Specifications

ISBN-13
10071708
Publisher
Wolters Kluwer Legal & Regulatory U.S. (Online)
Format
Online , 710 pages
Jurisdiction
U.S. ? Countri(es) for reference only
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Details

Restitution, a vital means of redress in unjust enrichment cases, is a fundamental legal principle manifested explicitly in contract, tort, and much of the common law, and increasingly, in courts' analysis of statutes on related topics. 

This new edition offers insightful analysis of principles and practical, expert advice about available remedies in a wide range of actions. The Law of Restitution gives you powerful strategies for cases involving such elements or allegations as:  withdrawal of professional services; disputes between contractors and subcontractors; void leases; foreclosure; fraudulent bank conduct; securities fraud; copyright, patent, or trade secret infringement and appropriation; breach of advertising, consulting, or franchise contracts; unjust enrichment of third-party beneficiaries and property rights after death and divorce. You'll also find representative cases and pleadings in abundance, to help you plan your client's position and strategy.

Table of Contents

CHAPTER 1 RESTITUTION

CHAPTER 2 TORT OR EQUITABLE WRONG

CHAPTER 3 FRAUD AND MISREPRESENTATION

CHAPTER 4 RESTITUTION FOR THE DEFENDANT'S BREACH

CHAPTER 5 RESTITUTION TO A PARTY ON DEFAULT ON A CONTRACT

CHAPTER 6 RESTITUTION UNDER UNENFORCEABLE CONTRACTS

CHAPTER 7 RESTITUTION WHEN A CONTRACT OBLIGATION IS DISCHARGED BY IMPOSSIBILITY OR FRUSTRATION OF PURPOSE

CHAPTER 8 RESTITUTION UNDER ILLEGAL CONTRACTS

CHAPTER 9 RESTITUTION OF BENEFITS OBTAINED UNDER DURESS

CHAPTER 10 UNSOLICITED BENEFITS AND THE VOLUNTEER

CHAPTER 11 AN INTRODUCTION TO MISTAKE IN BUSINESS TRANSACTIONS

CHAPTER 12 MISTAKE IN BASIC ASSUMPTIONS

CHAPTER 13 MISTAKE IN EXPRESSION OR INTEGRATION

CHAPTER 14 MISTAKE IN PERFORMANCE AND RELATED PROBLEMS

CHAPTER 15 MISTAKE IN BUSINESS TRANSACTIONS: MISUNDERSTANDING

CHAPTER 16 MISTAKE IN BUSINESS TRANSACTIONS: PROBLEMS OF GENERAL SIGNIFICANCE

CHAPTER 17 MISTAKE IN BUSINESS TRANSACTIONS: UNSOLICITED BENEFITS

CHAPTER 18 MISTAKE IN INTER VIVOS GIFT TRANSACTIONS

CHAPTER 19 WRONGFUL INTERFERENCE WITH INTER VIVOS GIFTS: THE USES OF CONSTRUCTIVE TRUST

CHAPTER 20 MISTAKE, OR FRAUD AND OTHER WRONGFUL CONDUCT AFFECTING SUCCESSION AT DEATH

CHAPTER 21 THREE-PARTY PROBLEMS: RESTITUTION OF BENEFITS RECEIVED BY THE DEFENDANT FROM A THIRD PERSON

CHAPTER 22 THREE-PARTY PROBLEMS: RESTITUTION BASED UPON PAYMENT OR TRANSFER TO A THIRD PERSON

CHAPTER 23 THREE-PARTY PROBLEMS: BENEFITS AND BURDENS WHEN TWO PARTIES ARE SEPARATELY LIABLE TO A THIRD PARTY

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