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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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