Law of restitution

by George E. Palmer

Book, c1978

Status

Available

Call number

KF1244 .P34

LCC

KF1244 .P34

Barcode

2000000432

Publication

Boston : Little, Brown and Company

Physical description

714 p.; 24 cm

Local notes

Law of restitution volume 2 contents: Ch. 6 - Restitution under unenforceable contracts. §6.1: Introduction. §6.2: Faculty analysis and its consequences. §6.3: The meaning and measure of benefit. §6.4: The effect of full performance by the plaintiff. §6.5: Restitution from a seller in default. §6.6: Restitution in favor of a defaulting purchaser of land. §6.7: Oral trusts of land for the benefit of the grantor or payor of the price: use of constructive trusts. §6.8: Oral trust of land for the benefit of a third party: use of constructive trust. §6.9: Services of real estate brokers and business finders. §6.10: Agreements for services. §6.11: Disadvantages of using state of frauds as a defense. §612: Summary. Ch. 7 - Restitution when a contract obligation is discharged by impossibility or frustration of purpose. §7.1: The development of restitution. §7.2: The relationship of mistake in basic assumptions to impossibility and frustration. §7.3: Allocation and assumption of risk. §7.4: The meaning of benefit. §7.5: Measure of recovery. §7.6: Compensation for reliance losses. §7.7: Personal services. §7.8: Contracts to repair or improve a structure or chattel. §7.9: Sales of goods. §7.10: Sales of land. Ch. 8 - Restitution under illegal contracts. §8.1: The general outlines of the problem. §8.2: Contracts made on Sunday. §8.3: Occupational licensing statutes. §8.4: Reasons for denial of relief. §8.5: The connection of the illegality with the transaction. §8.6: In pari delicto. §8.7: Locus poenitentiae: the doctrine of repentance. §8.8: Illegality as a defense to restitution and as a reason for restitution. §8.9: The factor of enrichment. Ch. 9 - Restitution of benefits obtained by duress. §9.1: A general view. §9.2: The meaning od duress: overcoming a party's will. §9.3: Duress as wrongful conduct. §9.4: The factor of unjust enrichment. §9.5: Alternative remedies. §9.6: Duress of goods. §9.7: Duress through civil litigation: general. §9.8: Attachment and garnishment. §9.9: Judgments and proceedings thereunder. §9.10: Foreclosure of mortgages and other liens. §9.11: Threat of criminal prosecution. §9.12: Threat to breach a contract. §9.13: Duress in employment relations. §9.14: Usury. §9.15: Excessive charges by a public utility. §9.16: Invalid taxes and other public charges. §9.17: Protest. §9.18: Leading ideas in the law of duress. §9.19: A partial summary. Ch. 10 - Unsolicited benefits and the volunteer. §10.1: Introduction. §10.2: Unsolicited payment of another's debt. §10.3: Protection of another's property. §10.4: Intervention to protect life, health and related interests. §10.5: The promotion of self-interest: payment of a liquidated debt or charge on property of another. §10.6: Self-interest: payment of another's unliquidated obligation. §10.7: Self-interest: imposition of a new obligation on recipient of the benefit. §10.8: Self-interest: unsolicited services of lawyers. §10.9: Mistaken improvement of property. §10.10: The significance of the recipient's acceptance of an unsolicited benefit. §10.11: Voluntary submission of ideas. Ch. 11 - An introduction to mistake in business transactions. §11.1: Organization of the problems of mistake. §11.2: The principal types of mistake. §11.3: History of mistake in Anglo-American law. §11.4: The meaning of mistake. §11.5: Remedies. §11.6: The need for remedial flexibility. Ch. 12 - Mistake in basic assumptions. §12.1: Introduction. §12.2: Basic mistake. §12.3: Mutual and unilateral mistake. §12.4: Transactions that may be avoided for unilateral mistake. §12.5: Distribution and assumption of risk. §12.6: Remedies. §12.7: Denial of specific performance. §12.8: Compensation for reliance losses. §12.9: Mistake as to identity of a party. §12.10: Mistakes in connection with sales of land. §12.11: Same - mistake as to existence, identity, or boundaries. §12.12: Same - mistakes as to title (defective title). §12.13: Same - effect of the doctrine of merger. §12.14: Same - complete lack of title in the vendor. §12.15: Same - deficiency in quantity in sales in gross. §12.16: Same - excess quantity in sales in gross. §12.17: Mistakes in connection with sales of goods. §12.18: Mistake in sales of intangible personal property. §12.19: Mistake in sales to enforce creditor's claims. §12.20: Mistake in the submission of bids. §12.21: Mistake as to the existence of a lien. §12.22: Mistake in the release of personal injury claims. Includes summary of contents, table of cases, table of statutes and subject index.

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