This is an extract of our Restitution In Transactions 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:
RESTITUTION IN TRANSACTIONS: Beach of contract, one party seeks to rescind, so they need restitution A) Disqualifying the plaintiff from rescission-restitution
* Election of another remedy o If you elect a different remedy, you can't get rescission
* Lack of injury
* Fraud o A person must show: that they have been damaged, also must show the other party tried to induce reliance, and show that you have been economically damaged. o Usually you get what you bargained for, however, it is not what it was represented to be worth o Once a party knows of a fraud, the person seeking to rescind, will not be able to B) Ways to get restitution
* Sellers failure to disclose o Recind?
o Benefit of bargain?
o Out of pocket?
* Undue influence o Persuasion which tends to be coercive in nature o Involves the use of excessive pressure to persuade one vulnerable to such pressure, pressure applied by a dominant subject to a servient object.
? Factors to determine:
* Discussion of the transaction at an unusual or inappropriate time
* Consummation of the transaction in an unusual place
* Insisting on completing business immediately
* Extreme emphasis on something bad happening if you delay
* The use of multiple persuaders by the dominant party against a single serviant
* The absence of third party advisors to the servient party
* Statement that there is not time to consult financial advisors or attorney
* Duress o A threat to the person of another or the close family member or another. Further, these threats results in a
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