VA Contracts/Sales Distinctions

Question 1

Quasi-Ks—a plaintiff confers benefit on a defendant and the plaintiff has reasonable expectation of compensation and court implies K to prevent unjust enrichment

Elements:

Answer 1

o P conferred a benefit on D;
o D had knowledge of receipt of the benefit; and
o Retention of the benefit without payment would be inequitable.

o Damages—benefit realized and retained by D

Question 2

generally, punitive damages are not awarded in K actions regardless of the motives for the breach, unless:

Answer 2

(a) Compensatory damages are also awarded; and
(b) The breaching party is liable for a willful, independent tort.

Question 3

at court’s discretion, attorney’s fees may be awarded to successful litigant when

Answer 3

breach of contract is coupled with fraud

Question 4

specific performance may be awarded if

Answer 4

(a) there is no adequate remedy at law and (2) the terms of the K are sufficiently definite;

doubts should be resolved in favor of the granting of specific performance

Question 5

non-compete clauses are not favored

What is the test used to determine if one is enforceable?

Answer 5

NIPP (Necessary, Impact, Public Policy)

1. No greater than necessary to protect legitimate business interests (scope, duration);
2. Not unduly harsh or oppressive; and
3. Not against public policy.

not allowed for low-wage employees;