3) Restitution Flashcards
restitution: goal
prevent unjust enrichment of D by returning to P any bens unjustly conferred by P on D
tort –> restitutionary + legal
1) ejectment
2) replevin
tort –> restitutionary + equitable
1) constructive trust
2) equitable lien
ejectment: def
remove D who is wrongfully in possession of P’s land
replevin: def
action by P for return of wrongfully dispossessed chattel
equitable remedies: theory
from quasi-k analysis
equitable remedies: some courts require
showing legal remedies inadequate
constructive trust: def
legal fiction that D (who wrongfully took P’s property) is holding the property for D.
imposes trust on property to order D to return it
different from replevin bc if property has changed form, constructive trust can be imposed on the new form (to get more $$ sometimes)
constructive trust: limits
CAN’T do once property is sold to a bfp
equitable lien: def
P is allowed to get a lien imposed on property owned by D
constructive trust + equitable lien: benefit
become secured creditor on property, getting priority over general creditor
equitable lien: how much
value of property that was taken BUT concerned w the benefit – so if home improved ONLY amt actually improved. and lowest intermediate bal rule.
Lowest intermediate balance rule
lowest balance btwn point of wrongful conduct of D and point of the lawsuit is max amt that can be traceable to stolen property
general rule of restitution
1) compel D to return benefit P has conferred on D, or
2) pay its value if would be unjust to allow D to keep the benefit w/o compensating P
quasi-k: def
k implied in law in order to make D pay P reasonable value of benefit incurred
ex: unenforceable ks
