Restitution Flashcards
While the theory of damages and injunctive relief is to put the plaintiff in the rightful position…..the goal of restitution is ……..?
to disgorge the ∆ of ill-gotten gains
What you want to prove in court.
Unjust Enrichment
What to ask for in court?
(Things that get you in the door….)
Look for in call of ? or in facts?
quantum meruit Assumpsit Contract implied in law quantum valebant land used and occupied goods sold and delivered money had and received quasi- K equitable lien equitable subrogation constructive trust equitable replevin accounting
Elements of Unjust Enrichment?
1) Did ∆ obtain a benefit?
2) Did he obtain that benefit ATTHE EXPENSE OF THE PLAINTIFF? (not considered by all courts)
3) Would retention of that benefit w/out compensating the π be unjust?
Parties failed to contract but one conferred a benefit on the other assuming there was a K
A common Unjust enrichment situation
Performances conferred
Unj E:
can be used as a basis for restoring performance conferred under a K that is unenforceable bc of mistake, undue influence, duress or fraud.
Over-performance of K
still can use UE
As an alternative claim to
breach of contract or tort
Use UE when the ∆ has been otherwise unjustly enriched because of
√ a double benefit
√receipt of medical services under the unconscious patient exception, or
√by acceptance of a benefit from other party knowing other party expected to reap the benefit of his efforts. (¡ass!)
“restitution is not focused on what the π lost…_____”
“but is focused on what the ∆ gained.”
ex phrase) “by contrast,here, if π wants money for what he lost he would have to seek compensatory Damages.)
quantum meruit
actual value$ of services performed
quasi contract
is a fictional theory that implies a K at law as a basis for awarding monetary relief
constructive trust
is a equitable Restitution claim that implies a fictionalized trust to disgorge the profit retained by the ∆ at the plaintiff’s expense.
