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TENTATIVE DRAFT 1, QUESTIONS SUGGESTED FOR DISC. [i] (May 9-11, 1935)

handle is hein.ali/relwrstn0040 and id is 1 raw text is: The American Law Institute RESTITUTION AND UNJUST ENRICHMENT, TENTATIVE DRAFT No. 1 Questions Suggested for Discussion at the Thirteenth Annual Meeting May 9-11, 1935 Discussion is not confined to the questions pre- sented here. In view of the limited time for discussion, however, those attending the meeting should come pre- pared to ask specific questions or to raise specific points. 1. Section 7. UNILATERAL A[ISTAKIES IN B A.\INS. Is result reached in Illustration 2 correct ? 2. Section 9. DiSCHARGE FoR VALUE. Should the answer given to Illustration 1 be rested on the ground of bona fide purchase ? Is the result reached in Illustration 6 correct? 3. Section 10. RIGHTS OF INTENDED GRANTEE OR PAYEE. Does Subsection (1) state a rule of substantive law or does it state merely a procedural short cut. 4. Section 37. No RESTITUTION FOR SERVICEs GIvEN 1Y MISTAKE. Subsections (1) and (2) state the prevailing view. There is, however, a minority view and the majority view sometimes reaches unjust, results in jurisdictions which do not have Betterment statutes. Should the Institute adopt a rule which would give reslitution?

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