LAW 505-002 – Contracts I

Restatement Second of Contracts § 198


Restitution in Favor of Party Who Is Excusably Ignorant or Is Not Equally in the Wrong

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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

  1. 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
  2. he was not equally in the wrong with the promisor.