Restitution And Unjust Enrichment

Professor and Reporter Andrew Kull has brought reason and order to the law of restitution and unjust enrichment. He has done so with elegant expression and architecture, incisive and insightful comments, and careful analysis and research. With constructive suggestions from his advisers and consulting members of the American Law Institute and other scholars, judges, and lawyers in the United States and elsewhere, and with the careful examination and approval of drafts by the Institute‟s Council and membership, he has produced a masterpiece, the Restatement (Third) of Restatement and Unjust Enrichment. He has reestablished the subject as as a crucial building block of the law along with Contracts and Torts. In this introductory comment, I will first summarize the structure and key points of the new Restatement and then, using two examples, examine briefly whether and how it might be used to address new claim...