21-40 Flashcards
Collateral Source Rule
If plaintiff recieves a benefit from someone other than defendant, defendant not allowed to introduce into evidence benefits received from collateral source.
Pre-judgment Interest
Interest awarded on CLAIM from time it was originally due until judgment is made.
Attorney’s Fees
Attorney’s fees not recoverable unless statute or contract provide for them.
Quasi-Contract (LRR)
Legal Restitutionary Remedy, awarding plaintiff for reasonable value of defendants unjust enrichment.
Quantum Meruit
Reasonable value of services.
Quantum Valebant
Reasonable Value of goods and materials.
Restitution (a.c.d)(LorE)
Alternative to Compensatory Damages. When defendant wrongfully obtained benefit /results in unjust enrichment. Legal or equitable.
Ejectment
Action to recover possession of land by one claiming a right to possession.
Replevin
Action to recover a thing rather than it’s value.
Detinue
Common law action to recover property wrongfully taken or withheld from another.
Waiver of Tort and Suit in Assumpsit
Quasi-contact remedy is sought as an alternative to Compensatory Damages.
Constructive Trust (E.R.R)
Equitable Restitutionary Remedy, Trust created when defendants retention of property results in unjust enrichment. 1) defendant must have title to property involved 2) defendant unjustly enriched 3) legal remedy inadequate
Resulting Trust
Trust arising by implication of law.
Equitable Lien (E.R.R.)
Equitable Restitutionary Remedy. Lein is equitable charge on property imposed by law /to prevent unjust enrichment.1) Used to secure a debt owed, 2) can be foreclosed or 3) property sold to satisfy claim.
Equitable Conversion
Purchaser becomes equitable owner of title to property when he/ signs a contract to purchase land.
