Yesterday afternoon, the American Law Institute adopted unanimously the

final sections of the text of the Restatement (3d) of Restitution and Unjust

Enrichment. The vote fell 250 years to the day after judgment was given in

Moses v Macferlan.

As RDG members will know, Andrew Kull has been labouring (or laboring as he

might say) on this project for many years. He received a standing ovation

from the ALI membership.

The approval took the form of a "Boskey motion" which in the parlance of the

ALI means that the text is approved subject to the conditions that the

reporter will take account of the substantive debate that preceded the

motion, and that editorial changes may be made. (For the story of the Boskey

motion, see http://www.ali.org/ali_old/R2503_01-President.htm).

The final sections considered yesterday were those of Tentative Draft No. 7,

including sections on priorities and Part IV on defences, as well as some

reformulations of provisions adopted earlier on tracing and on restitution

and disgorgement for breach of contract, and of the foundational §§1-4.

This approval clears the way for the publication of the entire text of the

R3RUE.

Bravo Andrew on this extraordinary accomplishment!

Lionel

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