Australia’s Highest Court Cites Restatement Third of Restitution and Unjust Enrichment
In a recent decision by the High Court of Australia, the Court discussed the applicability of Restatement of the Law Third, Restitution and Unjust Enrichment to Australian common law in the context of defenses against claims for restitution arising from payments made under a mistake of law.
Constructive Notice
The following black letter is excerpted from Tentative Draft No. 5, which contains § 3.2. Constructive Notice
Lease for Residential Use: Implied Warranty of Habitability
The following black letter is excerpted from Tentative Draft No. 5, which contains § 6.1. Lease for Residential Use—Implied Warranty of Habitability.
The ALI’s Rule of Law Mission
ALI President David F. Levi and former Director Richard L. Revesz helped bring together a bipartisan group in an effort to articulate a uniform set of ethical standards for election administration professionals.
Parents in Fact
This Essay examines the Restatement of Law, Children and the Law’s full-throated embrace of a de facto parent doctrine in the context of family law’s evolving treatment of functional parents.
Competence-Competence, Delegation, and the AAA/ICDR Rules
This article argues that the 2021/2022 amendments to the AAA and the ICDR’s arbitration rules reinforces the Restatement’s interpretation of the rules as codifying competence-competence doctrine rather than constituting delegation clauses.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.