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The courts must often decide whether an injured party should be allowed to accumulate recoveries from two or more others who are legally liable for her loss and, if not, whether one of them should bear the whole burden of paying her, or whether they should share this burden. An award of money paid in the first situation would be a restitutionary award designed to reverse the defendant’s unjust enrichment at the plaintiff’s expense. The term “co-extensive” is used here to denote liabilities which are owed by separate parties in respect of the same loss to the same right-holder (whose rights correspond to their liabilities). The term “alternatively liable” is used here to indicate that the right-holder to whom the parties’ co-extensive liabilities are owed must enforce his rights in the alternative, and must not accumulate recoveries in respect of his loss.
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