Restitution Flashcards
A person who has been ____________ at the expense of another is required to make restitution to the other.
unjustly enriched
A person is _________ if he has received a benefit.
enriched
A person is ___________ if the retention of the benefit would be unjust
unjustly enriched
A person obtains _________ when he is restored to the position he formerly occupied either by the return of something which he formerly had or by the receipt of its equivalent in money.
restitution
A person confers a _________ upon another if he gives to the other possession of or some other interest in money, land, chattels, or chose in action, performs services beneficial to or at the request of the other, satisfies a debt or a duty of the other, or in any way adds to the other’s security or advantage.
benefit
He confers a _________ not only where he adds to the property of another, but also where he saves the other from expense or loss.
benefit
The word ______, therefore, denotes any form of advantage.
benefit
A person who ________ confers a benefit upon another is not entitled to restitution therefor.
officiously
______________ means interference in the affairs of others not justified by the circumstances under which the interference takes place.
Officiousness
A person is not required to deal with another unless he so desires and, ordinarily, a person should not be required to become an _______ unless he so desires.
obligor
Two Situations of Restitution
Rescue of person
Rescue of Property
A person who has supplied things or services to another, although acting without the other’s knowledge or consent, is entitled to restitution therefor from the other if
He acted unofficiously and with intent to charge therefor, and
the things or services were necessary to prevent the other from suffering serious bodily harm or pain, and
the person supplying them had no reason to know that the other would not consent to receiving them, if mentally competent; and
it was impossible for the other to give consent or, because of extreme youth or mental impairment, the other’s consent would have been immaterial.
Rescue of Person
There can be no ________ __ _________ or things rendered to a person who refuses to accept the services and who is of sufficient mental capacity to understand the necessity of receiving them . . . If, however, the person is insane, or if he is otherwise not fully mentally competent, . . . a person rendering necessaries or professional services is entitled to recover from such person under the conditions stated in this Section, although the person expresses an unwillingness to accept the things or services.
restitution for services
A person may have a _____ to furnish help to another and pay for it at his own expense or he may have a duty merely to furnish the aid to the other in the first instance, but at the other’s expense.
duty
A ________ __ _____ cannot recover for services which he renders to a wife or to a minor child since he is obliged to provide these.
husband or father
a host in whose house a guest has become seriously ill, even if under a duty to render first aid, ordinarily would have a right to _____________ for medicines supplied, as would a railroad company on whose train a passenger had been suddenly taken ill.
restitution
A person who, although acting without the other’s knowledge or consent has preserved things belonging to another from damage or destruction, is entitled to restitution for services rendered or expenditures incurred therein, if
he was in lawful possession or custody of the things or if he lawfully took possession thereof, and the services or expenses were not made necessary by his breach of duty to the other, and
it was reasonably necessary that the services should be rendered or the expenditures incurred before it was possible to communicate with the owner by reasonable means, and
he had no reason to believe that the owner did not desire him so to act, and
he intended to charge for such services or to retain the things as his own if the identity of the owner were not discovered or if the owner should disclaim, and
the things have been accepted by the owner.
Rescue of Property
Seeking the value of benefit conferred when there either is no contract or insufficient evidence of a contract.
Quasi-Contract
May also be an equitable remedy
Quasi-Contract
usually working in an implied in law environment.
Quasi-Contract
value of services rendered.
Quantum meruit
value of property delivered to another.
Quantum valebant
Elements
The plaintiff has conferred a benefit on the defendant
The defendant has knowledge of the benefit
The defendant has accepted or retained the benefit conferred and
The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.
Quasi-Contract
Because the basis for recovery does not turn on the finding of an enforceable agreement, there may be recovery under a contract _______ __ ____ even where the parties had no dealings at all with each other.
implied in law
That the subcontractor had exhausted all remedies against the general contractor and still remained unpaid and
That the owner had not given consideration to any person for the improvements furnished by the subcontractor.
Subcontractor must prove for Quasi-Contract
you would have to look for the elements of contract formation (MBEC/OAC) in the conduct (including words and acts) of the parties.
contract implied-in-fact
(in this case the court calls that a quasi-contract), you don’t have to find all of the elements of contract formation.
contract implied-in-law
A _____________ trust is a trust imposed by a court of equity to compel a person who unfairly holds a property interest to convey such interest to the rightful owner.
constructive
A _____ exists where the legal title to property is held by one or more persons who are under an equitable obligation to convey, apply, or deal with such property for the benefit of other persons.
trust
A contract will not be enforced if it violates ______ _____
public policy
Courts generally refuse to enforce contracts for which the sole consideration is ______ _______.
sexual relations
many courts hold that a bargain between two people is not illegal because there is an ______ __________ between the two so long as the bargain is independent of the ______ __________ and the illicit relationship does not constitute any part of the consideration bargained for and is not a condition of the bargain.
illicit relationship
many courts have recognized that the result of a court’s refusal to enforce contract and property rights between ________ ________ is that one party keeps all or most of the assets accumulated during the relationship, while the other party, no more or less ‘guilty,’ is deprived of property which he or she has helped accumulate.
unmarried cohabitants
_______ __________ may raise claims based upon unjust enrichment following the termination of their relationships where one of the parties attempts to retain an unreasonable amount of the property acquired through the efforts of both.
unmarried cohabitants
An action for recovery based upon _______ __________ is grounded on the moral principle that one who has received a benefit has a duty to make restitution where retaining such a benefit would be unjust.
unjust enrichment
an action for unjust enrichment, or quasi contract, is based upon proof of three elements:
- a benefit conferred on the defendant by the plaintiff,
- appreciation or knowledge by the defendant of the benefit, and
- acceptance or retention of the benefit by the defendant under circumstances making it _____________ for the defendant to retain the benefit.
inequitable
