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Case Citations [1] (July 2018 through April 2019)

handle is hein.ali/resndrn0012 and id is 1 raw text is: 





                               RESTITUTION 2D



  Work on the Restatement Second of Restitution was suspended after the publication of two Tentative
                                     Drafts in 1983 and 1984.



                CHAPTER 1. UNDERLYING PRINCIPLES OF RESTITUTION

§ 1. The General Principle: Unjust Enrichment

D.Md.2018. Quot. in case quot. in disc. (T.D. No. 1, 1983). Victim of a Ponzi scheme brought an
unjust-enrichment action against recipient of his fraudulently induced funds, alleging that defendant's
retention of the funds was inequitable; defendant asserted that plaintiff had no claim, because plaintiff
had voluntarily transferred the funds. This court denied defendant's motion for summary judgment,
holding, inter alia, that plaintiff s transfer was involuntary because it was fraudulently induced. The
court cited Restatement Second of Restitution § 1 (T.D. No. 1, 1983) in explaining that plaintiff was
owed restitution to prevent defendant's unjust enrichment through the fraudulent actions of a third party.
Hobbs v. St. Martin, 320 F.Supp.3d 748, 753.


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For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.


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