USA

158 Relief Including Restitution see also Remedies Validity

  • In any case governed by the rules stated in this Chapter, either party may have a claim for relief including restitution under the rules stated in 240 and 376.
  • In any case governed by the rules stated in this Chapter, if those rules together with the rules stated in Chapter 16 will not avoid injustice, the court may grant relief on such terms as justice requires including protection of the parties' reliance interests.

197 Restitution Generally Unavailable see also Remedies Validity

Except as stated in 198 and 199, a party has no claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy unless denial of restitution would cause disproportionate forfeiture.

198 Restitution in Favor of Party Who Is Excusably Ignorant or Is Not Equally in the Wrong see also Remedies Validity

A party has a claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy if:

  • he was excusably ignorant of the facts or of legislation of a minor character, in the absence of which the promise would be enforceable, or
  • he was not equally in the wrong with the promisor.

199 Restitution Where Party Withdraws or Situation Is Contrary to Public Interest see also Remedies Validity

A party has a claim in restitution for performance that he has rendered under or in return for a promise that is unenforceable on grounds of public policy if he did not engage in serious misconduct and

  • he withdraws from the transaction before the improper purpose has been achieved, or
  • allowance of the claim would put an end to a continuing situation that is contrary to the public interest

272 Relief Including Restitution see also Remedies Termination Mandatory Obligations

  • In any case governed by the rules stated in this Chapter, either party may have a claim for relief including restitution under the rules stated In 240 and 377.
  • In any case governed by the rules stated in this Chapter, if those rules together with the rules stated in Chapter 16 will not avoid injustice, the court may grant relief on such terms as justice requires including protection of the parties' reliance interests.

    [Chapter 11 - Impracticability of Performance and Frustration of Purpose]