Law of restitution

by George E. Palmer

Book, c1978

Status

Available

Call number

KF1244 .P34

LCC

KF1244 .P34

Barcode

2000000430

Publication

Boston : Little, Brown and Company

Physical description

685 p.; 24 cm

Local notes

Law of restitution volume 1 contents: Ch. 1 - Introduction. §1.1 - The scope of restitution. §1.2 - The history of quasi contract. §1.3 - The history of constructive trust. §1.4 - Constructive trust as a remedy. §1.5 - Subrogation and other equitable remedies. §1.6 - The effect of the adequacy doctrine on the availability of restitution. §1.7 - The working methods of the law of restitution. §1.8 - The meanings of benefit. Ch. 2 - Tort or equitable wrong. §2.1 - Introduction. §2.2 - Conversion. §2.3 - Some advantages in the use of quasi contract. §2.4 - Election of remedies. §2.5 - Trespass to land. §2.6 - Interference with contract relations. §2.7 - Infringement of patents, copyrights, and trademarks. §2.8 - Appropriation of intellectual property. §2.9 - Interference with interests of personality. §2.10 - Enrichment at the plaintiff's expense. §2.11 - Use of a fiduciary position for personal profit. §2.12 - The measure of recovery; recovery of profits. §2.13 - Separation of intermingled property and apportionment of profits. §2.14 - Tracing in equity. §2.15 - Tracing into life insurance proceeds or other exempt property. §2.16 - Tracing into and out of a commingled fund. §2.17 - The tracing rules of the restatement. §2.18 - Commingling the funds of two trusts or other claimants. §2.19 - Tracing as dependent on the inadequacy of the remedies at law. §2.20 - Innocent beneficiary of another's wrong. Ch. 3 - Fraud and misrepresentation. §3.1 - Introduction. §3.2 - Fraud in the execution. §3.3 - Remedies for fraud in the inducement: general. §3.4 - Tracing. §3.5 - Cancellation in equity. §3.6 - The uses of subrogation and related techniques. §3.7 - Equitable relief as dependent on the inadequacy of remedies at law. §3.8 - Restitution versus damages in deceit. §3.9 - The recovery of damages in connection with restitution. §3.10 - Election of remedies. §3.11 - Restoration by the plaintiff. §3.12 - The nature and extent of restoration by the plaintiff. §3.13 - Restitution to a buyer of personal property or of services. §3.14 - Restitution to a purchaser of land. §3.15 - Restitution to a vendor of land. §3.16 - Restitution to a seller of personal property. §3.17 - Specific restitution to a seller of goods from an insolvent buyer under the Uniform Commercial Code. §3.18 - Restitution to protect unrealized contract expectations. §3.19 - Innocent misrepresentation. §3.20 - The effect of merger clauses. Ch. 4 - Restitution for the defendant's breach. §4.1 - Introduction. §4.2 - The legal conception of benefit. §4.3 - The effect of full performance by the plaintiff. §4.4 - The contract price as a limit on recovery. §4.5 - The necessity and sufficiency of an essential breach. §4.6 - The concept of rescission. §4.7 - Inadequacy of the damage remedy is not a requisite to restitution.§4.8 - The recovery of damages in connection with restitution. §4.9 - Recovery of profit made by the defendant through breach. §4.10 - Constructive trust, tracing, and other equitable remedies. §4.11 - Third-party beneficiary contracts: breach by the promisor. §4.12 - Third-party beneficiary contracts: breach by the promise. §4.13 - Election of remedies. §4.14 - Restoration by the plaintiff. §4.15 - Restitution to a buyer of goods. §4.16 - Restitution to a seller of goods. §4.17 - Restitution to a purchaser of land after delivery of a deed. §4.18 - Restitution to a purchaser of land under an executory contract. §4.19 - Restitution to a vendor of land. §4.20 - Conveyances in consideration of support. §4.21 - Services or support in consideration of a promise to devise property. §4.22 - Interests transferred or created under royalty arrangements. §4.23 - Restitution of the lender of money. §4.24 - Restitution under personal service contracts. §4.25 - Summary. Ch. 5 - Restitution to a party in default on a contract. §5.1 - Introduction. §5.2 - Essential breach. §5.3 - The meaning and measure of benefit. §5.4 - Burden of proving the defendant's damages. §5.5 - Land contracts: restitution to a defaulting purchaser. §5.6 - Land contracts: confusion of termination with rescission. §5.7 - Land contracts: effect of the vendor's right to specific performance. §5.8 - Land contracts: forfeiture clauses. §5.9 - Land contracts: effect of possession and improvements. §5.10 - Restitution to a defaulting seller of personal property. §5.11 - Restitution to a defaulting buyer of personal property. §5.12 - The general problem of restitution of money payments. §5.13 - Restitution under personal service contracts §5.14 - Restitution to a defaulting builder. §5.15 - Summary. Includes summary of contents, table of cases, table of statutes and general index.

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