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Unjust Enrichment and Restitution: Case Types and Agreement Principles

This presentation covers two types of restitution cases: agreement and deemed agreement, along with other instances of unjust enrichment. It explores actual and deemed agreements, discussing enforceability based on past considerations, benefits received, and legal obligations. Various scenarios are examined to illustrate when promises are enforceable and when they are not.

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Unjust Enrichment and Restitution: Case Types and Agreement Principles

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Presentation Transcript

  1. Contracts Fall 2008 Class 6

  2. Restitution: Two types of cases • Agreement and deemed agreement • (next slide) • Other cases of unjust enrichment • Lack of privity • Joint venture • Other

  3. Restitution: Actual or Deemed Agreements • Actual agreement. Promise based on past consideration is enforceable if: • Many (but not all) courts: material benefit to self or somebody one’s responsible for received by promisor • Rationale for non-enforcement: promise made in throes of emotion • Promisor originally had legal obligation • (sometimes “promise” is implied) • (other)

  4. Deemed agreement • Implied in fact: no contract formalities, but conduct indicates a contract • (Implied bargain, where not considered implied at law) • (court implies promise to satisfy pre-existing legal obligation)

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