Unjust enrichment - Study guides, Class notes & Summaries

QUESTION 1 Discuss the general requirement that the defendant’s enrichment must have been at the expense of the plaintiff. Refer in your answer to case law. (15) In legal terms, the requirement that the defendant's enrichment must have been at the expense of the plaintiff is often associated with the principle of unjust enrichment. This principle is based on the idea that it would be unfair for one party to be enriched at the expense of another without legal justificatio...

LEGL 2700 Roessing Exam 2 Questions and Answers 2024. Promise - correct answer A commitment or willingness to be bound to a contract obligation Uniform Commercial Code (UCC) - correct answer The most successful attempt to have states adopt a uniform law Purpose is to simplify, clarify, and modernize the laws governing commercial transactions Goods - correct answer Tangible (touchable), movable personal property Bilateral Contract - correct answer Promise in exchange for a promise Involves...

LEGL 2700 Roessing Exam 2 Questions and Answers 2024. Promise - correct answer A commitment or willingness to be bound to a contract obligation Uniform Commercial Code (UCC) - correct answer The most successful attempt to have states adopt a uniform law Purpose is to simplify, clarify, and modernize the laws governing commercial transactions Goods - correct answer Tangible (touchable), movable personal property Bilateral Contract - correct answer Promise in exchange for a promise Involves...

Unjust enrichment can be applied when a contract does not exist between the parties. correct answers True When a homebuilder builds a home, each trade must exhibit competence and skill in its trade, even if this is not written in the homebuilder's contract with the homeowner. What type of warranty is expressed by this sentence? correct answers Warranty of Workmanlike Performance Who produces ordinances? correct answers Municipal & County Legislatures A verbal construction contract ...

Differences between Property and Contract Rights? (2) - Answer-K rights are only enforceable against contracting parties. Property rights are enforceable against the world What concept is the basis for the idea of property rights? - Answer-Exclusion (the power to exclude) Can you occupy possessions? - Answer-Yes. The person who possess "the fox" occupies it Encumbrance - Answer-A burden or charge upon an estate or property, so that it cannot be disposed of without being subject to it. A n...

Remedy at law / Legal damages - ANSWER Money damages to compensate a P for a loss / awarded to make a P whole Restitution - ANSWER Prevent unjust enrichment of the D / can be legal (money or return of property) or equitable Compensatory Damages *T - ANSWER Awarded to to make a P whole to compensate for injury or loss & measured by monetary value of the P's harm (Pain&suffering, medical expenses, lost wages) / ISSUES (causation, foreseeability of damages, calculated w/ certainty, P mitigat...

Business Law Exam #2 (STUDY GUIDE) with complete solutions rated A+Contract - correct answer Agreement that is enforceable by a court of law or equity Unilateral Contract - correct answer A contract in which the offeror's offer can be accepted only by the performance of an act by the offeree. (A promise for an act) Express Contract - correct answer An agreement that is expressed in written or oral words Quasi-Contract - correct answer An equitable doctrine whereby a court may award mon...

Pleasant BLAW Exam 3 Questions With Verified Answers Contract An agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future. Bilateral Contract promise for a promise Unilateral Contract promise in exchange for an act Formal Contract requires a special form for creation Informal Contract requires no special form for creation Express Contract Formed by words (oral...

Contract - Answer-An agreement that can be enforced in court; formed by two or more parties, each of whom agrees to perform or to refrain from performing some act now or in the future. Bilateral Contract - Answer-promise for a promise Unilateral Contract - Answer-promise in exchange for an act Formal Contract - Answer-requires a special form for creation Informal Contract - Answer-requires no special form for creation Express Contract - Answer-Formed by words (oral, written, or a combinati...

Contract - A binding agreement that courts will enforce Requirements of a Contract - Mutual Assent, Consideration, Legality of Object, Capacity Express Contract - A contract, the terms of which are stated either orally or in writing Implied-in-Fact - A contract not created by the explicit agreement of the parties, but mutual assent is inferred by acts or circumstances Implied-at-law (quasi-contract) - No contract; Equitable remedy to prevent unjust enrichment Measure of recovery - not cont...