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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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" These messages are all © their authors. Nothing in them constitutes legal advice, to anyone, on any topic, least of all Restitution. Be warned that very few propositions in Restitution command universal agreement, and certainly not this one. Have a nice day! "


     
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