Tort Restitution

Question 1

Restitution

Answer 1

Restitution is the return of the benefit unjustly conferred on the defendant by the plaintiff. It includes legal and equitable remedies. Restitution is both a claim AND a remedy. If D acted willfully, P can reach profits and proceeds acquired from the property taken from P. Restitution can be legal, monetary, or equitable.

Question 2

Ejectment

Answer 2

Legal Restitution. Restitution of Land. Common law term for civil action brought by P to recover the possession of title to land from D.

Question 3

Detinue

Answer 3

A taking that exceeds scope of OG consent. Demand for return of actual property voluntarily given to D by P, who has legal title.

Question 4

Replevin

Answer 4

A wrongful taking. Demand for return of chattels wrongfully dispossessed by D from P who had legal title. Replevin is a remedy for wrongful taking.

Question 5

Quasi-K:

Answer 5

If there is no agreement between the parties, then the court will fashion a fictitious agreement in order to remedy the unjust enrichment of the defendant.

Question 6

Quantum Meruit (Quantum Count)

Answer 6

→ Payment for work and labor performed

Question 7

Quantum Valebant (Quantum count)

Answer 7

→Payment for goods sold and received: If goods are delivered to the wrong person or in the wrong quantity outside the scope of the original contract. You can’t just keep them, you have to pay for them.

Question 8

Common Counts:

Answer 8

Action on a debt in which P seeks money owed. Action on common counts must allege: (1) D became indebted to P for a specific sum of money ; (2) the debt is owed for some consideration, such as services performed or goods sold; and (3) D has not paid. Types of Common Counts:

Question 9

Return of money had and received:

Answer 9

D owes money; P pays D=s debt by mistake or otherwise. P entitled from D of money paid. applies to embezzlement

Question 10

Goods sold and received:

Answer 10

P delivers goods to D pursuant to an agreement but price is not agreed upon. P can claim restitution of FMV also applies when D converts the goods.

Question 11

Land occupied and used

Answer 11

P is entitled to benefits received by D from illegal use of P’s land. Ex: D profits from establishing a campground or changing admission to P’s land.

Question 12

Monetary Restitution:

Answer 12

Money given back to P for unjust enrichment of D.

Question 13

Measurement of Monetary Restitution

Answer 13

Can be measured in the fair rental value of P’s property for the time that D benefited from using P’s land or profits from D’s unauthorized use.
​​Diff between restitution and compensatory damages: With compensatory damages –> you can have punitive damages. But if you go with monetary restitution then that allows you to reach through profits and proceeds if the thief invests

Question 14

Constructive Trust

Answer 14

Equitable Restitution! Transfer to P of property wrongly conferred upon D. Must show that D used funds from P wrongfully received or obtained to take the title.

Changes ownership of the property

Question 15

Accounting:

Answer 15

Equitable Restitution! Calculation of profits that P in good faith should have received for purposes of disgorgement from D.

Question 16

Equitable Lien:

Answer 16

Equitable restitution! Placing a legal claim on property as security to guarantee repayment of a debt. No wrongful taking, just a regular debt.

Does not change actual ownership of the property or transfer ownership. Just makes P have a security interest and receives profits from the debt.

Question 17

Subrogation:

Answer 17

Equitable Restitution! Remedy for unjust enrichment to D when P’s property is used to discharge a debt or lien.
Example: D burns down P’s house. P’s insurance company pays to rebuild it. Later, P obtains a judgment against D for the property damage. P must pay this over to the insurance company because of the doctrine of subrogation.