Vanderbilt Law Review


John W. Wade

First Page



The pervasive principle of Restitution--that "A person who has been unjustly enriched at the expense of another is required to make restitution to the other"'--makes use of many remedies, both at law and in equity. This year's Restitution cases will be classified according to the nature of the remedy.

One who pays the obligation of another may be entitled to indemnity, if he has not acted officiously. He may also be entitled to the remedy of subrogation, permitting him to "step into the shoes" of the person to whom, he paid and enforce any lien or right which that person may have against the obligor. One illustration of these remedies is given in State v. Perry, involving the right given by statute to the Tennessee Department of Welfare to collect from a husband or father amounts paid by it for the support of a dependent wife or children.