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, meaning 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 explains how a pluralist theory may help to address this flaw.
Disciplines
Agency | Commercial Law | Contracts | Estates and Trusts | Jurisprudence | Law and Society | Property Law and Real Estate | Remedies
Date of this Version
July 2011
Recommended Citation
Hanoch Dagan, "RESTITUTION AND RELATIONSHIPS" (July 2011). Tel Aviv University Law Faculty Papers. Working Paper 127.
http://law.bepress.com/taulwps/art127
Included in
Agency Commons, Commercial Law Commons, Contracts Commons, Estates and Trusts Commons, Jurisprudence Commons, Law and Society Commons, Property Law and Real Estate Commons, Remedies Commons
Comments
To be published at Boston University Law Review 2012