Contracts I

Restatement Third of Restitution § 21


Protection of Another's Property

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  1. A person who takes effective action to protect another's property from threatened harm is entitled to restitution from the other as necessary to prevent unjust enrichment, if the circumstances justify the decision to intervene without request. Unrequested intervention is justified only when it is reasonable to assume the owner would wish the action performed.
  2. Unjust enrichment under this section is measured by the loss avoided or by a reasonable charge for the services provided, whichever is less.