Texas Law Review

Edited and published by the students at the University of Texas School of Law, the Texas Law Review is a leading publication of legal scholarship. Texas Law Review contains articles by professors, judges, and practitioners, in addition to reviews, essays, commentaries, and student notes.

Articles from Vol. 79, No. 7, June

Disgorgement for Breach, the "Restitution Interest," and the Restatement of Contracts
I. The Problem Is there a disgorgement remedy for breach of contract? It is important to distinguish two different forms that such a remedy might take. The more familiar proposition in the academic literature is that, in some instances, a profitable...
Introduction: Restitution and Unjust Enrichment
Symposium Relegated to the margin of the first-year courses in Contracts and Property, the law of Restitution and Unjust Enrichment is the forgotten child in American private law. Unjust enrichment has long been an organizing concept in the civil law,...
Justifying the Law of Unjust Enrichment
Justifying the Law of Unjust Enrichment^ That there is such a thing as "the law of unjust enrichment" or "the law of restitution" is still a matter for debate in the common law world. And amongst scholars who accept that there is such a body of law,...
Mistakes
This Article presents a normative framework for analyzing how the law of restitution responds to mistakes in the unilateral conferral of benefits, such as mistaken payments, mistaken provision of services, and mistaken improvements of property. The Article...
Protection of Competition Rules Via the Law of Restitution
This Article examines the role of restitutionary remedies in competitive settings. Part II defines two modes of resource allocation: "allocation by entitlement" (distributing resources by granting rights and privileges with respect to them) and "allocation...
Quantum Meruit for the Subcontractor: Has Restitution Jumped off off Dawson's Dock?
After buying a "fixer-upper" home in Lexington, Virginia, Harriet Homeowner contracted with Prime Contractor to remodel the house. To prepare to replace Homeowner's steam and radiator furnace with a forcedair heating-cooling system, Prime subcontracted...
Restitution and Equity: An Analysis of the Principle of Unjust Enrichment
The law of restitution, as we know it, was invented in 1937 with the publication of the Restatement of Restitution. The reporters of the Restatement, Warren Seavey and Austin Scott, set out deliberately to create a field of law. To that end, they assembled...
Restitution for Wrongs: The Measure of Recovery
I. Introduction When one person misappropriates a protected interest of another, the matter is prima facie within the law of wrongs or within the law of property. This indeed is the way in which most legal systems have dealt with the topic for hundreds...
Restitution: The Heart of Corrective Justice
I. Introduction One of the central features of the law of restitution for unjust enrichment is, for many commentators, a puzzle. This is the phenomenon of liability without fault. A defendant can come under an obligation to the plaintiff without having...
Unjust Enrichment and Wrongful Enrichment
Part I of this Article describes the schism in the law of restitution between the quadrationists, who believe that the law of restitution and the law of unjust enrichment form a single square that can be named indifferently from either response or causative...
Unjust Enrichment by Transfer: Some Comparative Remarks
The fundamental issues in the classification of unjust enrichment claims arise from enrichment's core, i.e., subtractive enrichment (or enrichment by impoverishment) by transfer from the plaintiff to the defendant. Excluding most situations of three-party...
Unjust Enrichment, Restitution, and Wrongs
I. Introduction In the 1937 Restatement of Restitution,1 the effect of an award of restitution is the restoration of a person "to the position he formerly occupied either by the return of something which he formerly had or by the receipt of its equivalent...
What Renders Enrichment Unjust?
I. An Ancient Idea of Justice John Dawson saw better than most the idea of justice that is at the heart of much of the law of Restitution. He thought the idea was best expressed by the ancient Roman maxim: "For this by nature is equitable, that no one...