Quasi-contract: Difference between revisions

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(Created page with "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 th...")
 
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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}}.
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}}.


The Americans do like their quasi-legal concepts. [[Quasi-agency]] is another.
{{quote|''{{restitution capsule}}''}}


{{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]].
 
But the Americans do like their quasi-legal concepts. [[Quasi-agency]] is another.


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*{{casenote|Citigroup|Brigade Capital Management}}.
*{{casenote|Citigroup|Brigade Capital Management}}.
*[[Quasi-agency]]
*[[Quasi-agency]]
{{ref}}