Etc.

Question 1

General rule of being held responsible for contracts one signs

Answer 1

not applicable when neglect to read is due to trick (Wallace)

Question 2

Reformation generally requires?

Answer 2

a mutual mistake of fact

Question 3

Exception to a mutual mistake of fact

Answer 3

mistake one one side and fraud on the other

Question 4

Restitution

Answer 4

seeks to identify D’s gain, without a legal basis, measure it, and remove it.

1. Unjust
2. Enrichment
   Or innocent Defendant or some sort of incidental wrongdoing

Question 5

unjust enrichment

Answer 5

occurs when a party retains the property of another “against the fundamental principles of justice or equity & good conscience.”

Plaintiff must establish that defendant received a benefit and that such benefit was unjust.

Measured by Defendants gains

Question 6

Sheldon

Answer 6

In computing an award of profits against an infringement of a copyright, there may be apportionment so as to give the owner of the copyright only that part of the profits found to be attributable to the use of copyrighted material.

Play to movie case

Question 7

Hamil

Answer 7

under the copyright act, overhead expenses that are sufficiently related to production or sale of the infringing product may be deducted in calculating a defendants profits using a fair, accurate, and practical method of allocating the overhead to the defendant.

two-step process: first, each category of claimed overhead expense is examined to determine if it bears a sufficient nexus to the production or sale of the infringing product; then, the overhead must be allocated to the infringing product using a fair, accurate, and practical method. Sheldon v. Metro-Goldwyn Pictures Corp

• Floral pattern to JC Penny case

Question 8

Unjust enrichment

Answer 8

eggwash case

A quasi-contract theory that prevents a party from retaining a benefit conferred on that party to the detriment of the other party, if it would be unjust for the enriched party to retain that benefit.

Question 9

Consequential wrongdoing case

Answer 9

Olwell- eggwash case

must have conscious wrongdoing to disgorge profits unless a fiduciary duty is involved.

*plaintiff does not have to prove a corresponding loss to recover under a quasi-contract theory.

Question 10

The American rule for attorneys fees

Answer 10

default legal rule in the United States controlling assessment of attorneys’ fees arising out of litigation. It provides that each party is responsible for paying its own attorney’s fees,[1][2] unless specific authority granted by statute or contract allows the assessment of those fees against the other party.

exceptions:statutes…

719

Question 11

Buchannan

Answer 11

724/23

Question 12

3 types of contempt

Answer 12

Criminal contempt: being rude or disrespectful to court proceedings, the judge, or attorneys in the proceedings, or causing some type of disturbance in the courtroom.
Civil contempt: willfully or purposely failing to obey an order of the court.
Direct contempt: an action taken in the presence of the court, which is intended to cause embarrassment or show disrespect for the court.
Indirect contempt: an action taken outside the presence of the court, which interferes with the administration of justice or the authority of the court.