Week 9 Restitution - 5) Modernly, restitution may be...

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Week 9 Restitution Not another type of contract claims. It’s an alternative. Like how Promissory estoppels, is not a contract. Restritution- 1) D obtained a benefit at P’s expense (the “enrichment”) and 2) D retention of that benefit without compensating P would be unfair under the circumstances (“unjust”). Circumstances under which a non-breaching party 1) They can ask for restitution instead of contract when damages are difficult to prove or if P chooses to sue for restitution instead of regular damage. – The later because they can recover more during $$$. 2) If existing contract is unenforceable, (incapacity, duress, misrepresentation, mistake, illegality, statute of fraud. 3) If no contract exist, but P is entitled to some relief. 4) A party over-performs on an existing contract
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Unformatted text preview: 5) Modernly, restitution may be available to breaching party if benefits exceeds the loss. 4 most common bases for awarding restitution. Chodos v. West Publishing Co. Restitution as a Alternative to Suing for a Tort. If defendant makes money using plaintiffs property, without the plaintiffs permission, the plaintiff may recover that amount from the defendant. Restitution for Erroneous Performance of Alleged Contract. When someone over performs, then they can recover the over performance. Earhart v. William Low Co. Restitution to a Party who has breached a contract. Kutzin v. Pirnie. If a party breached a contract, and the amount the defendant obtained is over the amount of the breach of contract, then plaintiff has the right to recover the remaining funds....
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This note was uploaded on 12/20/2011 for the course CONTRACTS 111 taught by Professor Dellinger during the Fall '11 term at Western State Colorado University .

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