Intent to Charge for Unsolicited Benefits Conferred in an Emergency: A Case Study in the Meaning of 'Unjust' in the Restatement (Third) of Restitution & Unjust Enrichment

38 Pages Posted: 19 Sep 2011 Last revised: 11 May 2013

See all articles by Louis E. Wolcher

Louis E. Wolcher

University of Washington School of Law

Date Written: September 17, 2011

Abstract

This Article is a legal and jurisprudential case study that attempts to shed light on the use of the word "unjust" in the law of restitution as it has been reinterpreted by the new Restatement (Third) of Restitution & Unjust Enrichment. The particular case studied is the legal meaning of the term "intent to charge" in the law’s treatment of claims for unsolicited benefits conferred in emergencies. The author conducts a thought experiment involving the use of a sworn "Declaration of Intent to Charge for Benefits Conferred" to illustrate certain ambiguities and difficulties in the way the new Restatement deals with this legal category. The Article exploits the thought experiment and the difficulties it uncovers in order to advance the author’s primary purpose, which is to retrieve dialectically a certain necessary independence for the idea of justice in the development of the substantive law of unjust enrichment.

Suggested Citation

Wolcher, Louis E., Intent to Charge for Unsolicited Benefits Conferred in an Emergency: A Case Study in the Meaning of 'Unjust' in the Restatement (Third) of Restitution & Unjust Enrichment (September 17, 2011). Washington and Lee Law Review, Vol. 68, No. 3, p. 911, 2011, University of Washington School of Law Research Paper No. 2011-24, Available at SSRN: https://ssrn.com/abstract=1929582 or http://dx.doi.org/10.2139/ssrn.1929582

Louis E. Wolcher (Contact Author)

University of Washington School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

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