Restitution and relationships

Research output: Contribution to journalArticlepeer-review

Abstract

This Essay examines how restitutionary doctrines protect the integrity of certain types of relationships by providing guarantees against betrayal of trust and by making free riding a losing proposition. It also considers contexts wherein restitution serves to recruit third parties - parties external to the relationship the law seeks to safeguard-as indirect guardians. More broadly, this Essay challenges the schism between autonomy-based and utility-based accounts of restitution, or of private law more generally, and it explains how a pluralist theory may help to address this flaw.

Original languageEnglish
Pages (from-to)1035-1048
Number of pages14
JournalBoston University Law Review
Volume92
Issue number3
StatePublished - May 2012

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