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A's claim affirmative defense American Law Institute amount another's asbestos asserted Bank benefit conferred Blackacre bona fide purchaser breach of duty circumstances claim in restitution claim to indemnity claimant claimant's intervention constructive trust Contractor cost creditor damages debt defendant discharged easement emergency enforceable entitled equi equitable lien equitable subrogation expenditure expense Father fiduciary funds gation Hosp Hospital Illustration 14 Illustration 9 implied contract indemnity or contribution injuries interest law of restitution liability in restitution lien limited ment Michael Traynor mortgage Municipality necessary obligation obligor owner paid payment performance plaintiff principles and scope promissory estoppel protect reasonable recipient recovery refuses remainderman remedy Restatement of Restitution restitution and unjust restitution claim restitutionary rule Section to recover seeks reimbursement statute Supp Surety taxes third party third person third-party obligee tion tort tortfeasors transaction transfers trust unjust enrichment unrequested intervention York