Remedies Flashcards

The measure of recovery in a quasi-contract (unjust enrichment) claim is:

Answer: The benefit conferred on and retained by the defendant

Quasi-contract recovery is measured by the benefit unjustly retained by the defendant; the law implies a promise to pay for the benefit to prevent unjust enrichment, regardless of any actual agreement.

A constructive trust is imposed by a court when:

Answer: A defendant wrongfully acquired property and equity requires transfer to the rightful owner

A constructive trust is a remedial device imposed by equity — not created by agreement — when a defendant obtained property through fraud, breach of fiduciary duty, or other wrongdoing and equity requires them to hold it for the plaintiff.

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

Answer: Disgorge profits earned through wrongful conduct

An accounting for profits compels the wrongdoer to disgorge profits gained through wrongful conduct, focusing on stripping ill-gotten gains from the defendant rather than compensating the plaintiff's own losses.

Which of the following is an example of a legal (common law) form of restitution, as opposed to an equitable restitutionary remedy?

Answer: Action for money had and received (quasi-contract/assumpsit)

An action for money had and received (quasi-contract or assumpsit) is a legal form of restitution historically available at common law, while constructive trusts, equitable liens, and accountings for profits are equitable restitutionary remedies.

In Hawaii, trespass to land is actionable without proof of actual harm because:

Answer: Trespass is a per se tort protecting the right to exclusive possession

Trespass to land is a per se tort — the unauthorized entry itself violates the plaintiff's right to exclusive possession, allowing recovery of at least nominal damages even without proof of actual injury.

The election of remedies doctrine provides that:

Answer: Pursuing one inconsistent remedy may bar the plaintiff from later seeking an alternative inconsistent remedy

The election of remedies doctrine holds that when a party has chosen between two fundamentally inconsistent remedies and acted upon that election, they are bound by it and precluded from switching to the inconsistent alternative.

Restitution based on unjust enrichment is typically unavailable when:

Answer: The plaintiff conferred the benefit voluntarily without any expectation of payment

Restitution is generally unavailable to an officious intermeddler — a party who volunteers a benefit without being asked and without a reasonable expectation of compensation cannot later demand restitution for the unrequested benefit.