Quasi-contract: Difference between revisions

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An american attempt to describe the law of restitution. Eventually, they have up and just called it restitution, but it does show how they were struggling to understand how this “duck-billed platypus” of the common law fitted in to the grand scheme of things. That struggle goes on, with unfortunate decisions such as {{casenote|Citigroup|Brigade Capital Management}}.
{{a|contract|}}An American attempt to describe the law of [[restitution]]. Eventually, they did give up and just call it [[restitution]], but the fact they didn’t do this straight away does show how they were struggling to understand how this “duck-billed platypus” of the [[common law]] fitted into the grand scheme of things. That struggle goes on, with unfortunate decisions such as {{casenote|Citigroup|Brigade Capital Management}}.


{{quote|''{{restitution capsule}}''}}
{{quote|'''[[Restitution]]'''<br>{{restitution capsule}}}}


Restitution isn’t an action in [[Breach of contract|contract]], and it isn’t one in [[tort]]. It is precisely what you get where there ''isn’t a [[contract]], and there ''hasn’t been'' a [[tort]].
Restitution isn’t an action in [[Breach of contract|contract]], and it isn’t one in [[tort]]. It is precisely what you get where there ''isn’t a [[contract]], and there ''hasn’t been'' a [[tort]].