Restitution of Benefits Obtained Through the Appropriation of Property or the Commission of a Wrong

This chapter argues that restitutionary claims should be recognized in a wide variety of cases in which one person&s;s interests have been "appropriated" by another, whether or not the appropriation was tortious. Based largely on modern notions of property and of quasi-property interests, this approach looks to the nature of the interest infringed rather than the character of the infringement in determining whether an unjust enrichment has occurred. After a review of the principles underlying this area of the law, the chapter examines the range of interests, from traditional in rem property rights to contractual rights and even opportunities and expectancies that should be protected by a right of restitution. It then considers the types of infringement of these interests that constitute an "appropriation" from which unjust benefits may be derived. Finally, the chapter turns to the role of deterrence in supporting claims of restitution in exceptional circumstances not covered by the principal property-based approach.