Restitution

In an actual or express contract all the terms are explicitly stated. In a quasi-contract, the terms are not clearly specified, therefore “…in order to prevent one party from being unjustly enriched at the expense of another, the courts impose contractual obligations on one of the parties as if that party had entered into a contract.” (Kubasek, p.312 ) The court sees this case as lkjaseljkgfLKJa quasi-contract because the plaintiff (Reisenfeld) is not a party to the contract between Network and BSI (the defendants). Network was contracted by BSI to help sell or sublease closed Kmart stores in Ohio. Later, Network entered into a commission agreement with Reisenfeld, a real estate broker for Dick’s Clothing and Sporting Goods (Dicks). Dicks subleased two stores from BSI. An executed agreement between BSI and Network, stipulated that BSI was to pay commission to Network. Pursuant to the commission agreement between Network and Reisenfeld, Network was responsible for commissions to Reisenfeld. No direct contract between BSI and Reisenfeld existed. Due to Network’s sole shareholder defrauding BSI, Network was ordered to return any commissions received from BSI, as a result BSI was not obligated to pay any additional commissions to Network. Reisenfeld never received commission related to the Dicks sublease. (Kubasek, p.313 ) The court believes it is unjust for BSI to retain the benefit it received without paying Reisenfeld for it. It relied on the legal principle…

Texas. I did not, however, us any shifty means as I was very straightforward with Marshall, and consulted with him first before making any other deal. I am also not denying the fact that I understand the nature of our business relationship, which is why I felt bad about “potentially leaving Marshall high and dry.” Considering all of the facts available, he would still likely pursue legal recourse if I decided to terminate our business relationship. Furthermore, we may be able to deny that my…

surviving spouse and the surviving children of the deceased person are allowed to file a claim.” (Ryskamp, 2016) In the case where Coleman stole a ring from the jewelry store in Smallville, Colorado. Coleman may have been on a long term sales assignment for Software Inc., however it is the individual that benefits from the crime it needs to pay restitution. In this case, Coleman and his wife need to make restitution to the jewelry store. “Restitution is an order of the court by which…

Since the beginning of our verbal agreement, we had operated in good faith by delivering everything requested, promptly and at the consistent rates despite the fluctuation of the market. Don did not hold up his end of the bargain because he was often paid his invoices late. I have not penalized him by charging interest or penalties which the invoices clearly states. I would remind him that trying to pursue litigation would hinder this business relationship because he may be ordered to pay the…

APPLICATION OF CONTRACTS After Forest Park filed the suit against USA Network, it argued that California law should govern the contract, while USA Network argued New York state law should apply. Under California law, “contracts created by conduct are just as valid as contracts formed with words” (California Civil Jury Instructions). However, New York State requires that an enforceable contract must have a specified and agreed upon price. After much discussion, the court decided that California…

Under the Statue of Frauds, certain contracts are required to be in writing. This statue is intended to make certain that every important detail of the contract are not misinterpreted, fraudulent, or overlooked. Below are some of the contracts that are required to be in writing. • Contracts involving interests in real property • Contracts that by their own terms cannot possibly be performed within one year • Collateral contracts in which a person promises to answer for the debt or duty of…

party some amount of money. Injunctive relief, is a court order that a “party must refrain from performing a certain act or face possible contempt charges” (Barnett,2010). However, when money damages are claimed two questions arise; how much money is owed and what are limitations on the availability of money damages (Barnett,2010). To answer this question, three different measures are often employed; expectation, reliance, and reinstitution (Barnett,2010). Expectation is the amount of money it…

A contract is a legal agreement between two or more parties that contain a mutual agreements that enforceable at the law(Varone, 2012, p. 332).. Contracts can be by word of mouth, in writing, or implied by parties in some cases, whereas though consideration can be an act of promise (Varone, 2012, p. 332-333). In most cases, contracts are started when an offer is made and another party accepts. There is no acceptance when nothing is agreed upon between parties, but is legally binding once agreed…

Restitution is way for victims to be paid back, this is the responsibility of the person that is found to be guilty. Sometime this can be done in directly to the victim of done to society as a whole (Karmen, 2016). Judges are sometimes directed to add on restitution in these types of cases (Karmen, 2016). Along with restitution the victims are eligible from governmental funds. There are multiple advocacy groups for the parents of children that were kidnapped. If the child is found, then the…

Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers…