remedies, restitution

Question 1

what are the three main categories of remedy for contract breach?

Answer 1

equitable relief (money), specific performance (one-time act), injunction (stop a course of conduct)

Question 2

when is non-promissory restitution applicable?

Answer 2

when there is no promise before the benefit is received, but the part is unjustly enriched by retaining the benefit

Question 3

when is promissory restitution applicable?

Answer 3

when a promise is made AFTER the benefit has been received

Question 4

what’s the classical Restatement view of promissory restitution?

Answer 4

promissory restitution NOT applicable in classical view (Mills/Wyman case)

Question 5

what’s the modern Restatement view of promissory restitution?

Answer 5

material benefit rule - enforceable - retention of benefit is the consideration

Question 6

what serves as consideration in the material benefit rule?

Answer 6

retention of the benefit

Question 7

what are the 3 elements of unjust enrichment?

Answer 7

(1) benefit conferred by one party to another, (2) recipient has knolwedge or appreciation of benfit received, (3) recipient’s acceptance or retention of benefit from provider is unfair or inequitable without paying for it

Question 8

in which Unjust Enrichment case was an implied in law contract imposed, and why?

Answer 8

Pelo - liable for hospital bill thru unjust enrichment

Question 9

in which Unjust Enrichment case was an implied-in-fact contract imposed, and why?

Answer 9

Watts - unjust enrichment claim based on unmarried couple living as married