3) Restitution

Question 1

restitution: goal

Answer 1

prevent unjust enrichment of D by returning to P any bens unjustly conferred by P on D

Question 2

tort –> restitutionary + legal

Answer 2

1) ejectment

2) replevin

Question 3

tort –> restitutionary + equitable

Answer 3

1) constructive trust

2) equitable lien

Question 4

ejectment: def

Answer 4

remove D who is wrongfully in possession of P’s land

Question 5

replevin: def

Answer 5

action by P for return of wrongfully dispossessed chattel

Question 6

equitable remedies: theory

Answer 6

from quasi-k analysis

Question 7

equitable remedies: some courts require

Answer 7

showing legal remedies inadequate

Question 8

constructive trust: def

Answer 8

legal fiction that D (who wrongfully took P’s property) is holding the property for D.

imposes trust on property to order D to return it

different from replevin bc if property has changed form, constructive trust can be imposed on the new form (to get more $$ sometimes)

Question 9

constructive trust: limits

Answer 9

CAN’T do once property is sold to a bfp

Question 10

equitable lien: def

Answer 10

P is allowed to get a lien imposed on property owned by D

Question 11

constructive trust + equitable lien: benefit

Answer 11

become secured creditor on property, getting priority over general creditor

Question 12

equitable lien: how much

Answer 12

value of property that was taken BUT concerned w the benefit – so if home improved ONLY amt actually improved. and lowest intermediate bal rule.

Question 13

Lowest intermediate balance rule

Answer 13

lowest balance btwn point of wrongful conduct of D and point of the lawsuit is max amt that can be traceable to stolen property

Question 14

general rule of restitution

Answer 14

1) compel D to return benefit P has conferred on D, or

2) pay its value if would be unjust to allow D to keep the benefit w/o compensating P

Question 15

quasi-k: def

Answer 15

k implied in law in order to make D pay P reasonable value of benefit incurred

ex: unenforceable ks

Question 16

quasi-k: limit

Answer 16

must have been reasonable expectation of payment at time benefit conferred (otherwise no recovery!)

Question 17

quasi-k: improvements to land

Answer 17

if imporvements can be removed, but owner refuses to, that = acceptence and then recoveyr is possible

Question 18

recission + quasi-k (+ exception)

Answer 18

ok seek restitution if breach of k

EXCEPTION: if P has already fully performed restitution is no longer available