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Sender:
Doug Rendleman
Date:
Tue, 27 Feb 2007 14:44:18 -0500
Re:
Waiver of tort

 

Hi All,

I am following Calev Crossland from New Zealand about restitution for nuisance and the Canadian interchange about gain-based restitution.

The 4th Tentative Draft of the Restatement (Third) of Restitution, section 44, illustration 14 is restitution for a nuisance, measured by the value of a license. It was based on a damages case, Boomer v. Atlantic Cement, and Dan Friedmann's comment in Restitution of Benefits, 80 Columbia Law Review 504, 509, n. 28 (1980).

A recent United States Court of Appeals decision on restitution for nuisance says no - Marmo v. Tyson, 457 F.3d 748 (8th Cir. 2006). Judge Arnold's strong dissent says yes.

 

Best Regards to All.

Doug Rendleman
Washington & Lee


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