Contracts - Haley - Fall 2005

Front 1

Unjust Enrichment (theory of liability)

Back 1

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.

Front 2

Restitution

Back 2

remedy for unjust enrichment; a) an order for the return of the benefit itself or b) a money judgment for its (market)value.

Front 3

Officious intermeddler

Back 3

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.

Front 4

Unjust enrichment - history

Back 4

assumpsit - writ established for contract. Also - "quasi-contract" or "contract implied in law"

Front 5

Past Consideration

Back 5

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.

Front 6

Moral obligation

Front 7

Fraud in the factum

Back 7

False representation of the nature of the document

Front 8

Fraud in the inducement

Back 8

Misrepresentation of a fact underlying the contract, givng the other party and incentive to enter into the contract

Front 9

Duress

Back 9

the compulsion of a manifestation of assent by force or threat. -a basis for avoiding a contract.

Front 10

Avoidable/Voidable

Back 10

aggrieved party can elect to keep it in force or to exercie his right to rescind (avoid)

Front 11

Substantive Unconscionability

Back 11

concerned with actual terms of the contract and examines the relative fairness of the obligations assumed.

Front 12

Procedural Unconscionability

Back 12

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.