Unjust Enrichment

Question 1

When money is spent on intangibles like food, travel, or other consumables, can’t get it back bc you can’t trace it. Those categories destroy ____. Traceable things ex: stock, tangibles like vehicles, and real estate are traceable and can have an ___ put on them.

Answer 1

equitable lien; equitable lien

Question 2

Traceable can have an equitable lien on them, intangibles cannot. Case?

Answer 2

Montaneil. Stole but spent it on hotels and food, etc.

Question 3

does sovereign immunity bar equitable relief?

Answer 3

No

Question 4

A payment made under a mistake of fact may not be recovered where the recipient of the money has changed his position in reliance on the payment and cannot be restored to status quo. Case?

Answer 4

Monroe v. DiSilvestro

Question 5

The plaintiff assumed the risk when they took the money out of the client trust account, which is why they cannot argue change in position due to mistake of fact, even though they were poorly advised. Case?

Answer 5

Wesby. Money kept in client trust account but client spent it and other party won an appeal.

Question 6

doctrine of unclean hands basically states that _____ according to what case?

Answer 6

A court will not grant equitable relief if P previously engaged in unconscionable acts related to the equity sought. Salomon Smith Barney. We only look at P’s behavior. Here, the company complaining about a former employee using company info wanted equitable relief, but they aided and encouraged the employee in doing the same thing to a different company.