Restatement of the Law of Restitution: Quasi Contracts and Constructive Trusts |
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action for restitution agent agreement agrees amount beneficiary bill Blackacre bona fide purchaser breach cause chattels choses in action claim co-obligor condition conduct conferred a benefit constructive trust conveyance court of equity creditor debt defense discharge drawee duress duty of restitution enforce entitled to recover entitled to resti entitled to restitution equitable equitable lien erroneously believing existence fiduciary fraud fraudulent gift Illustration indorses induced innocent intended interest liable lien ment misrepresentation mistake of fact mistake of law mistaken belief mistakenly believing mortgage ordinarily owed owner paid parties payable payee pays value performance person is entitled principal obligor promise reason to know receives payment recovery remedy rendered rescind rescission Restatement of Contracts Restatement of Trusts right to restitution rule Section is applicable sells shares situations statute subject matter subrogated surety thereby third person tion tort tortious trans transaction transfer transferor tution unjust enrichment unless