Plaza A Hilton San Francisco and Towers Lobby Level
Section on Remedies Andrew Kull, Emory University, Chair
Restitution and Unjust Enrichment
Moderator:
Andrew Kull, Emory University
Speakers:
Peter Birks, Regius Professor of Civil Law, University of Oxford Faculty of Law, Oxford, England Daniel Friedmann, Rubinstein Professor of Comparative Private Law, Tel Aviv University Faculty of Law, Tel Aviv, Israel Mark P. Gergen, The University of Texas Emily L. Sherwin, University of San Diego
The belated development of the modern law of restitution leaves fundamental organizational questions open to debate. Restitution is usually defined as the law of unjust enrichment but one element of that standard definition describes a remedy while the other refers to a source of liability. What explains the results in cases where restitution (plaintiff's remedy) and enrichment (the source of defendant's liability) do not correspond? What is the relation in restitution between plaintiff's loss and defendant's benefit? Is there a unifying principle to this body of law, and if so, what is it?
This program will include principal papers addressing different aspects of these questions by three distinguished international authorities, together with an introduction and an overall comment.