This is an extract of our Unjust Enrichment Restitution document, which we sell as part of our Remedies Outlines collection written by the top tier of Thomas Jefferson School Of Law students.
The following is a more accessble plain text extract of the PDF sample above, taken from our Remedies Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:
UNJUST ENRICHMENT- RESTITUTION A) Introduction
Where aggrieved party is unjustly enriched, restitution is available. Not about the plaintiff, it's about the defendant and how you were damaged In order to get an unjust enrichment restitution, one cannot be a volunteer. o Volunteer: someone who without being solicited to do so, imposes a "benefit" on another party o The volunteer rule also applies to one who improves the real property of another, without being asked to do so, and under circumstances that should tell the improver that he/she is nothing more than an intermeddler. (person that confers a benefit or privilege on another---
without being requested, or being under an obligation to do so. That person cannot claim any legal right to demand something in return). 1) Donor 2) Intermeddler Volunteers
* However, professional rescuers (doctors) can get restitution for their services
* Note that enrichment should be measured on a fair market value basis 3) Criminal Restitution
B) Legal Restitution / Quasi contract / UE at law / Implied in law Implied in Law = quasi contract, legal restitution, law in assumpsit, quantum meruit Note: Implied in fact: This is a recognized contract 1) Money restitution Types of claims: A) Money had and received Plaintiff alleges that the defendant has money that in good conscious belongs to the plaintiff because of duress, fraud, and mistake B) Goods sold and delivered Where plaintiff's recovery is for goods sold and delivered to the defendant C) Quantum merut Plaintiff has performed services which will enrich the defendant unjustly, unless the defendant pays him
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