Contracts - Restitutionary Remedies

Question 1

Replevin
- sale of goods
- Procedure

Answer 1

Legal restitutionary remedy that allows P to recover specific chattel that was wrongfully taken by defendant.

SALE OF GOODS (UCC):
* If buyer has made partial payment, buyer can replevy goods from seller if good spurchased for personal, family, or household purposes
* Buyer can replevy undelivered, identified goods if buyer makes reasonable efforts to find substitute goods and fails

To replevy goods before trial, must hold pre-seizure judicial hearing and plaintiff must post a bond
* P can recover either (a) possession of property or (b) its value at time of trial + damages from loss of use during wrongful detention

Question 2

Money Restitution

Answer 2

P can recover money restitutionary damages if D was unjustly enriched due to:
* contract being void (recover in quasi-contract)
* contact being unenforceable
* P didn’t sue on the contract