Contract Restitutionary Remedies

Question 1

Restitutionary Remedy

Answer 1

Obligation to pay for unjust gain received pursuant to an UNENFORCEABLE or BREACHED contract

Remedy arises as Quasi-Contract

Question 2

Unenforceable K

Answer 2

when K is unenforceable due to mistake, lack of capacity, SoF, illegality, etc.

P gets restitutionary damages for property/money/services rendered to D, measured as the VALUE OF THE BENEFIT

Specific restitution available for recovery of tangible property if it is unique or if D is insolvent

Question 3

Breached K

Answer 3

If P is breaching party, traditionally no recovery. Modernly, recovery is allowed, but NO GREATER THAN K PRICE, and it is REDUCED BY DAMAGES SUFFERED BY D

If P is NOT breaching party, recover value of her performance, even if it is greater than the K rate. Can also get property back if unique or d is insolvent