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action for restitution action of tort actions at law agent Alternative Section suggested AMERICAN LAW INSTITUTE assumpsit become liable Bohlen breach of contract bring suit brings an action cause of action counterclaim court of equity criminal or reckless damages defective defendant demnity deny restitution directs a servant discharged a tort duty of restitution duty to indemnify entitled to contribution entitled to indemnity entitled to restitution equitable proceedings expenditures properly facts fraudulent Illustrations land or chattels Note to Advisers obtains a judgment ordinarily other's owner parties payment payor pays the judgment pedestrians permitted person is entitled plaintiff properly incurred railroad reckless conduct recklessly replevin responsible Restatement of Contracts Restatement of Torts right to restitution rule Section is applicable seller seriously criminal set-off sheriff statute of limitations subject matter subject to liability terminated things tion tort claim tort liability tort or breach tortfeasor tortious transfer transferor tution UNJUST ENRICHMENT unless