> You do not in fact need to make a "claim for unjust enrichment" to recover profits earned through an intentional tort.
I would need a lot more than your assertion to be convinced of this. Here's Ward Farnsworth introducing his book, Restitution: Civil Liability for Unjust Enrichment:
> Restitution is the mirror image of tort law. You sue in tort to recover for losses that you have suffered. You bring a restitution claim to recover gains that another party has obtained. In some cases it makes no difference which claim you bring, because your losses and the other side's gains are the same. Or you might prefer a tort claim because your losses are bigger than the defendant's gains, as usually is true when you suffer damage in an accident. But sometimes going after the defendant's gains will allow a much bigger recovery, or is the plaintiff's only way to recover at all.
> Restitution is the great overlooked topic in American private law. In this country most students can't learn about it even if they want to; few schools teach the subject. Students only hear about restitution as the name of an occasional remedy in contract cases. But restitution is the name of a claim, not just a remedy. So lawyers often overlook restitution and sometimes try to use tort and contract to solve problems that restitution law would handle better. Missing or misunderstanding the right to go after a defendant's gains can be a very expensive oversight.
(From the piece: "The jury awarded plaintiff $500,000 for defamation, and $1,345,477.25 on the unjust enrichment theory.")
Why would he do that, if it were just part of how all torts are handled? What would be unusual about it? (And why would Ward Farnsworth introduce the subject by pointing out that "tort claims and restitution claims are opposite things"?)
I would need a lot more than your assertion to be convinced of this. Here's Ward Farnsworth introducing his book, Restitution: Civil Liability for Unjust Enrichment:
> Restitution is the mirror image of tort law. You sue in tort to recover for losses that you have suffered. You bring a restitution claim to recover gains that another party has obtained. In some cases it makes no difference which claim you bring, because your losses and the other side's gains are the same. Or you might prefer a tort claim because your losses are bigger than the defendant's gains, as usually is true when you suffer damage in an accident. But sometimes going after the defendant's gains will allow a much bigger recovery, or is the plaintiff's only way to recover at all.
> Restitution is the great overlooked topic in American private law. In this country most students can't learn about it even if they want to; few schools teach the subject. Students only hear about restitution as the name of an occasional remedy in contract cases. But restitution is the name of a claim, not just a remedy. So lawyers often overlook restitution and sometimes try to use tort and contract to solve problems that restitution law would handle better. Missing or misunderstanding the right to go after a defendant's gains can be a very expensive oversight.
( https://reason.com/volokh/2014/10/27/restitution-law-interes... )
Here we see a brief mention of Jesse Ventura's novel (in 2014) legal strategy of including a claim for unjust enrichment in his defamation suit: https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
(From the piece: "The jury awarded plaintiff $500,000 for defamation, and $1,345,477.25 on the unjust enrichment theory.")
Why would he do that, if it were just part of how all torts are handled? What would be unusual about it? (And why would Ward Farnsworth introduce the subject by pointing out that "tort claims and restitution claims are opposite things"?)