Restitution liability with restitution of profits is an alternative to liability for contractual damages measured by the harm caused to the promisor. (2011)I completely agree! As Richard Laycock writes in his article "Restoring Restitution to the Canon" in the Michigan Law Review, "this new Restatement should be on the shelf of every litigator, and a wide range of transactional lawyers and legal scholars right would also do well. to become familiar with it. » (2012) In my opinion, the law as currently written (both statutory and common) does not provide the protections to aggrieved individuals as, I assume, it was intended. For a wealthy party to simply pay damages in order to capitalize (perhaps in light of market changes or new information) by violating a valid agreement, viewing it as a mere cost of enrichment, is an affront to the stability of contract law and its application. The possibility of awarding damages for “profits made” would do well to solidify the theory that an agreement is enforceable and legally binding. It's good for business internationally because our global markets will know that an agreement made in the United States will be honored and that civil laws ensuring its enforcement will be respected..