Restitution Discussion Group Archives
| Sender: |
Allan Axelrod |
| Date: |
Thu, 18 Dec 1997 09:03:43 -0500 |
| Re: |
failed contracts and restitution |
your note confirms
my nervousness about participating in this group upon which i have stumbled
and in which i seem to be the only american participant
our law languages have grown apart and american academic lawyers are
riddled with social science, an infection which seems to have spared most
of this group
but i am surprised at your suggestions that i am using 'restitution'
unconventionally
i have learned three principal categories of situations calling for civil
money judgments---tort, breach of contract, and unjust enrichment
one of our leading cases---last century----involved an
employee who was to have been paid at the end of a one-year employment
contract, but who materially breached after seven months work the decision
was highly controversial but the employee was awarded a quantum meruit
and we were taught that these plaintiff-in breach cases used a restitutionary
measure of compensation in that the recovery was not based on the contract
wage rate
we'd better find out whether that usage is inconsistent with yours before
we try to go forward
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