Abstract
Abstract This chapter traces the evolution of the law restitution and unjust enrichment in the United States, focusing on the American Restatements and the varying ways in which American courts and scholars responded to their subject matter over time. It also compares the American ‘big tent’ approach to restitution and unjust enrichment to the more analytical approach to the subject matter taken in England and, to varying extents, elsewhere in the common law world. Accordingly, the chapter starts with the ‘big tent’ view of the subject in the First Restatement, explains the influence of Legal Realism and elaborates on the evolution of the Third Restatement. Then, the chapter offers some observations on the development of unjust enrichment in the US compared to other Commonwealth jurisdictions.
Published Version
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