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2020•Michigan AcademicianRequires access

Three Faces of Restitution

Norman Otto Stockmeyer

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Abstract

ABSTRACT During the first half of the 20th century, three mainstays of the required first-year law school curriculum were Contracts, Torts, and Restitution. Today Restitution has disappeared as a separate course and is offered, if at all, only as part of an optional Remedies course. This disappearance is particularly ironic to Michiganders, as two leading mid-20th-century Restitution scholars were from our state. The purpose of this article is to re-introduce Restitution by illustrating three of its principal advantages: as an alternative to Tort remedies, as an alternative to Contract remedies, and as a remedy in cases where neither body of law provides relief. It has been said, “The lawyer who doesn't know remedies is like a physician without a cure.” To provide complete relief, lawyers need to know the benefits of Restitution. Welcome to a look into three faces of Restitution.

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ABSTRACT During the first half of the 20th century, three mainstays of the required first-year law school curriculum were Contracts, Torts, and Restitution. Today Restitution has disappeared as a separate course and is offered, if at all, only as part of an optional Remedies course. This disappearance is particularly ironic to Michiganders, as two leading mid-20th-century Restitution scholars were from our state. The purpose of this article is to re-introduce Restitution by illustrating three of its principal advantages: as an alternative to Tort remedies, as an alternative to Contract remedies, and as a remedy in cases where neither body of law provides relief. It has been said, “The lawyer who doesn't know remedies is like a physician without a cure.” To provide complete relief, lawyers need to know the benefits of Restitution. Welcome to a look into three faces of Restitution.

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Available abstract

ABSTRACT During the first half of the 20th century, three mainstays of the required first-year law school curriculum were Contracts, Torts, and Restitution. Today Restitution has disappeared as a separate course and is offered, if at all, only as part of an optional Remedies course. This disappearance is particularly ironic to Michiganders, as two leading mid-20th-century Restitution scholars were from our state. The purpose of this article is to re-introduce Restitution by illustrating three of its principal advantages: as an alternative to Tort remedies, as an alternative to Contract remedies, and as a remedy in cases where neither body of law provides relief. It has been said, “The lawyer who doesn't know remedies is like a physician without a cure.” To provide complete relief, lawyers need to know the benefits of Restitution. Welcome to a look into three faces of Restitution.

Key concepts: Restitution, Unjust enrichment, Law, Principal (computer security), Tort, Political science, Liability, Computer science

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