Bar Exam Bar Exam Remedies 3

Question 1

The primary purpose of restitution as a remedy is to:

Accepted Answer

Prevent the defendant's unjust enrichment at the plaintiff's expense

Answer

Restitution focuses on the defendant's gain rather than the plaintiff's loss, requiring disgorgement of any benefit unjustly obtained at the plaintiff's expense.

Question 2

In a quantum meruit (quasi-contract) claim, the plaintiff may recover:

Accepted Answer

The reasonable value of the services or benefits actually conferred on the defendant

Answer

Quantum meruit allows recovery of the fair market value of services or benefits conferred on the defendant where no enforceable contract exists but unjust enrichment would otherwise result.

Question 3

An accounting for profits as an equitable remedy requires the defendant to:

Accepted Answer

Disgorge all profits obtained through wrongdoing and transfer them to the plaintiff

Answer

An accounting for profits compels the defendant to surrender ill-gotten gains to the plaintiff, focusing on the defendant's profit rather than the plaintiff's loss.

Question 4

Under the election of remedies doctrine, a plaintiff who obtains rescission of a contract is generally:

Accepted Answer

Barred from seeking expectation damages because rescission treats the contract as never having existed

Answer

Rescission and expectation damages are inconsistent remedies; electing rescission (treating the contract as void) forecloses a claim for breach damages based on the same contract.

Question 5

Under the collateral source rule in tort law, a defendant:

Accepted Answer

May NOT reduce damages by benefits the plaintiff received from independent third-party sources

Answer

The collateral source rule prevents the defendant from reducing liability by showing the plaintiff was compensated from collateral sources such as insurance, ensuring the defendant bears full responsibility.

Bar Exam Practice Test

Bar Exam Practice Test

Bar Exam Bar Exam Remedies 3