Quasi Contracts/ 3d Party Rights

Question 1

Unjust Enrichment

Answer 1

to recover, P must show:

(1) benefit conferred on D by P
(2) D appreciated benefit
(3) circumstances make it inequitable to retain benefit without payment

Show not intent for benefit to be gratuitous AND not “conferred officiously”

Question 2

Damages for Restitution Interest (Common Law)

Answer 2

may be measured by:

(1) value of benefit received based on what it would’ve cost to have it done, OR
(2) extent to increase value in property or other interests advanced

Question 3

Third Party Beneficiary

Answer 3

promise made to one for benefit of another

must establish DIRECT benefit, not incidental

Question 4

Intended v. Incidental Beneficiaries (Common Law)

Answer 4

intended = recognition of right shows intent of parties and either:
(1) performance will satisfy obligation to pay money [creditor beneficiary], OR
(2) promisee intends to give benefit of promised performance
[donee beneficiary]

incidental if not intended

Question 5

When can you modify 3PB? (Common Law)

Answer 5

absent language making 3PB irrevocable, parties to K have right to discharge/modify at any time until 3PB:

(1) materially changes position in justifiable reliance
(2) brings suit on the promise, or
(3) manifests assent to the promise at request of promisor/promisee

Question 6

When can the assignor sue the obligor?

Answer 6

where there is manifestation of assignor’s intent to transfer the right of performance
- obligee is owner until obligor receives notice of assignment

Question 7

What defenses can assignee bring?

Answer 7

any defenses assignor could bring under the original K

Question 8

What are duties of delegator?

Answer 8

unless agreed otherwise, delegator is still personally liable for the duty of performance