Restitution

Question 1

Assumpsit is where

Answer 1

Defendant assumed an obligation to compensate the Plaintiff

Question 2

Quantum Meruit is

Answer 2

A reasonable sum of money for services rendered.

Question 3

Constructive Trust

Answer 3

An equitable creation that is used when:
1. the value of the property owed has increased
or
2. Plaintiff wants specific property rather than the cash equivalent

Question 4

Equitable Lien

Answer 4

An equitable creation that is used when:
1. value of property has decreased
OR
2. property has been co-mingled and cannot be separated

Question 5

Equitable Accounting/Subrogation

Answer 5

Where a plaintiff seeks to be put in the position of a surety as to a specific piece of property such that they have a right to the property subject to whatever liens against it.

Used when the plaintiff wants a specific piece of property

Question 6

Equitable Defenses to Restitution

Answer 6

1. Bona Fide Purchaser
2. Incapable of Tracing
3. Plaintiff was a volunteer
4. Plaintiff was an officious interloper
5. Defendant has changed positions

Question 7

A Bona Fide Purchaser is

Answer 7

1. Exchanges something of value for the property
2. ## Has no notice that the property they are acquiring is not legitimateCuts off the ability of the plaintiff to recover the property.

Question 8

Problems in Tracing

Answer 8

1. Comingling of Assets

2. Redepositing

Question 9

Treatments for comingling of assets

Answer 9

1. Treat the first money in as the first money taken out.
2. Treat the defendant’s personal cash as being taken out first
3. Plaintiff can choose to trace his money either to the cash taken out or the remaining cash.

Question 10

Treatment of Redepositing

Answer 10

Used when Defendant takes Plaintiff’s money, places it in an account and then adds other money into that account.

Plaintiff can only lay claim to the amount known to be his (typically lowest balance), not to money that may have come from other sources (because of competition between creditors trying to get their money back).

Question 11

Change of Positions occurs when

Answer 11

A defendant has used the benefit a plaintiff bestowed on him and could not restore the benefit

Question 12

Elements of Restitution

Answer 12

1. Benefit to Defendant
2. Loss to Plaintiff
3. Retaining Benefit by Defendant without compensating Plaintiff is unjust.