Class 7 - Unjust Enrichment

Question 1

What remedy for unjust enrichment?

Answer 1

Restitution

Question 2

What is enrichment?

Answer 2

Benefit to recipient.

Question 3

How to measure enrichment?

Answer 3

1) Cost flowing from plaintiff to defendant
2) FMV of plaintiff performance
3) Increase in assets (improvement of property
(4) If failed contract % of effort of work done in relation to the price of the contract.

Question 4

What are the principles of justice?

Answer 4

Choice
i. Express vs. implied
ii. Recipient must reasonably understand services were performed by them
Officious Intermeddler - someone who goes in
to perform without the promissee’s permission
and expects compensation.
iii. Kind of like consent.
Gift
i. What kind of work is being done
ii. Relationships between parties
iii. Formal considerations

Question 5

Gay v. Mooney

Answer 5

Promise may not be enforceable but may establish reasonable expectation of payment.

Question 6

Promise to pay past indebtedness?

Answer 6

binding if the indebtedness is still enforceable or would be except for the effect of a statute of limitations - Restatement (Second) of Contracts.