Restitution Discussion Group Archives
| Sender: |
Allan Axelrod |
| Date: |
Sat, 20 Dec 1997 12:34:28 -0500 |
| Re: |
failed contracts and restitution |
if, as you maintain,
there is nothing in england worthy of the name 'law of restitution' and
if there is, as you concede possible, a collection of U.S. decisions that
deserve that title, can we account for the difference? CUI BONO?
1 the largest head for restitution cases here is mistake
2 because of the prominence, here, of lawyers in the guidance of business
and personal money activity, a good number of the mistakes come from lay-persons
following mistaken legal advise
3 the US has a flourishing industry in malpractice litigation, one branch
of which is legal malpractice
4 to the extent that benefits conferred on another because of mistaken
legal advise are not recoverable back, the liability of lawyers here is
increased
QED liberal US recovery-back for mistake is induced largely by sympathy
for an incompetent American bar, a fellow-feeling from the judges who
are of course drawn from the ranks of that bar, and from american legislatures
which are made up mostly of lawyers
that not-very-serious exercise in a sort of contemporary american legal
explanation is just a little season's greeting and thank-you to the group
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