ABSTRACT

This chapter lays out a large-scale map of the province of the common law of restitution. It provides a general framework for the structuring of the area of the law which one finds in books with "restitution" in the title. The Province of the Law of Restitution is the bottom line and the main focus of this chapter. First, one must distinguish the cause of action in unjust enrichment from gain-based remedies for wrongs. The term "unjust enrichment" should be confined to discussion about the cause of action in unjust enrichment. Second, we should realize that gain-based remedies for wrongs are not the same as the response of restitution for the cause of action in unjust enrichment. The result of these admonitions is that if someone asks what subject matter is covered by books with "restitution" in their names. The point is that clarity in analysis requires a technical language of sufficient power to distinguish and describe all relevant ideas.