Restatement of the Law of Restitution: Quasi Contracts and Constructive Trusts |
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Page 25
... restitution , restitution is granted only if the mistake was basic . Comment : a . Inducement . It is not enough for restitution that the transferor is mistaken ; it is necessary that the mistake should cause him to confer the benefit ...
... restitution , restitution is granted only if the mistake was basic . Comment : a . Inducement . It is not enough for restitution that the transferor is mistaken ; it is necessary that the mistake should cause him to confer the benefit ...
Page 58
... restitution from B. b . Mistake as to time of payment . Restitution is granted for mutual mistake only if the mistake is basic . Hence if the only mistake is in making pay- ment before it is due , restitution is not granted unless the ...
... restitution from B. b . Mistake as to time of payment . Restitution is granted for mutual mistake only if the mistake is basic . Hence if the only mistake is in making pay- ment before it is due , restitution is not granted unless the ...
Page 184
... restitution knew the facts and had an opportunity to act thereon , restitution is granted upon the payment of value or the impo- sition of conditions if justice cannot otherwise be done , except that where chattels other than fungi ...
... restitution knew the facts and had an opportunity to act thereon , restitution is granted upon the payment of value or the impo- sition of conditions if justice cannot otherwise be done , except that where chattels other than fungi ...
Common terms and phrases
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