Unjust Enrichment Flashcards
1
Q
The court in Pelo outlined the elements required to succeed on an unjust enrichment claim and receive restitution. What were they
A
Section 116 of Restatement of Restitution
1. They acted unofficiously
- The things and services were necessary to prevent harm
- The person supplying had no reason to know that the other would not consent to receive them, if mentally competent
- It was impossible for the other to give consent or, because of extreme youth or mental impairment, the other’s consent would have been immaterial
2
Q
What does it mean to act officiously?
A
Interfering in the affairs of others in an unjustified way
3
Q
What is the “Material Benefit Rule”
A
Not a rule. Promissory Restitution.
If a person receives a material benefit from another, other than gratuitously, a subsequent promise to repay the person that rendered the benefit is enforceable.
