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12 Cards in this Set

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  • Back
Unjust Enrichment (theory of liability)
Cause of action that arises where: claimant has conferred a benefit on the recipient under circumstances that make it unjust for the recipient to keep the benefit w/o paying for it.
remedy for unjust enrichment; a) an order for the return of the benefit itself or b) a money judgment for its (market)value.
Officious intermeddler
one who imposes a benefit without any choice on the recipients' part; cannot be returned - should not be paid for; service may not have been desired by recipient.
Unjust enrichment - history
assumpsit - writ established for contract. Also - "quasi-contract" or "contract implied in law"
Past Consideration
a detriment suffered by the promisee prior to, not in exchange for, the promise. Does not count as consideration and does not validate the promise.
Moral obligation
Fraud in the factum
False representation of the nature of the document
Fraud in the inducement
Misrepresentation of a fact underlying the contract, givng the other party and incentive to enter into the contract
the compulsion of a manifestation of assent by force or threat. -a basis for avoiding a contract.
aggrieved party can elect to keep it in force or to exercie his right to rescind (avoid)
Substantive Unconscionability
concerned with actual terms of the contract and examines the relative fairness of the obligations assumed.
Procedural Unconscionability
Concerned with unfair surprise. Courts examine factors influencing the bargaining process including age, education, intelligence, business acument and experience, relative bargaining power, and whether there were alternative sources of supply of the goods in question.