Week 4 discussion.docx - Judge Boogs explained that there...

This preview shows page 1 - 2 out of 2 pages.

Judge Boogs explained that there are three elements for a quasi-contract claim under Ohio law. There must be: (1) a benefit conferred by the plaintiff upon the defendant; (2) knowledge by the defendant of the benefit; and (3) retention of the benefit by the defendant under circumstances where it would be unjust to do so without payment. There’s no doubts that Reisenfeld’s case meets the first two quasi-contract elements. Now the question is whether it would be unjust for BSI to retain the benefit it received without paying Reisenfeld for it. Then Judge Boogs stated that unreported Ohio Court of Appeals cases support the proposition that, in the contractor/subcontractor context, when the subcontractor is not paid by the contractor and theowner has not paid the contractor for the aspect of the job at issue, the subcontractor can look to the owner for payment under a theory of unjust enrichment. Further, another Ohio case, in dicta,

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture

  • Left Quote Icon

    Student Picture