Restitution Flashcards
Restitution requires that
A ∆ return unjust gains the the π
Quasi-contracts occur when these requirements occur?
- πconferred benefit on ∆
- ∆ realized the benefit
- ∆’s retention is unjust
What constitutes a benefit for restitution purposes?
any form of advantage or enrichment
- personal services
- satisfying a debt of ∆
- Saving ∆from expense or loss
- giving money
When is retention of the benefit deemed unjust?
There is some wrongful conduct on the part of recipient
or
There is mistake on behalf of π
money paid in a mistaken belief that it was owed but which the payor was actually under no legal obligation to make, may be
recovered
Does there have to be loss to πfor restitution?
no the beneficiary does not need to suffer loss
Restitution focuses on?
Damages focus on?
∆’s gain
π’s loss
Disgorgement means
stripping ∆of ill-gotten gains where some public interest is involved
A constructive or involuntary trust is a:
restitutionary remedy that conveys title from ∆to π
A constructive or involuntary trust seeks to:
Take title to property ill-gotten by ∆ and return to π
Constructive Trust Requirements
3
- the ∆breached a confidential or fiduciary duty owed to π
- as result of breach ∆holds title to property/money that belongs to π
- ∆’s holding is unjust enrichment
when a constructive trust is warranted as a remedy, the court orders:
that the ∆ hold the property at issue for the πas beneficiary
-π gets all profits from property
A constructive trust, is cut off by
if the property is sold to a bona-fide 3rd party purchaser
An equitable lien is imposed by the court to
to prevent unjust enrichment
An equitable lien is cut off by
if the property is sold to a bona-fide 3rd party purchaser
