HI Bar Remedies 3

Question 1

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

Accepted Answer

The benefit conferred on and retained by the defendant

Answer

The market value of the promised contract performance

Answer

The plaintiff's expected profits from the transaction

Answer

Punitive damages plus the value conferred

Question 2

A constructive trust is imposed by a court when:

Accepted Answer

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

Answer

The parties expressly agreed to create a trust

Answer

A testator died without creating a valid express trust

Answer

A fiduciary properly holds property for a named beneficiary

Question 3

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

Accepted Answer

Disgorge profits earned through wrongful conduct

Answer

Compensate the plaintiff for its own lost profits

Answer

Produce its financial records for the plaintiff's audit

Answer

Pay punitive damages calculated as a multiple of defendant's revenue

Question 4

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

Accepted Answer

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

Answer

Constructive trust

Answer

Equitable lien

Answer

Accounting for profits

Question 5

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

Accepted Answer

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

Answer

Hawaii statute creates strict liability for all land trespasses

Answer

Trespass is presumed to cause $500 in statutory damages

Answer

The Hawaii Constitution provides enhanced property protections

Question 6

The election of remedies doctrine provides that:

Accepted Answer

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

Answer

A plaintiff must choose between compensatory and nominal damages at the outset of litigation

Answer

A plaintiff may always pursue both legal and equitable remedies simultaneously without restriction

Answer

Courts must elect the most favorable remedy available for the plaintiff

Question 7

Restitution based on unjust enrichment is typically unavailable when:

Accepted Answer

The plaintiff conferred the benefit voluntarily without any expectation of payment

Answer

The defendant received a benefit through the plaintiff's mistake

Answer

The defendant was enriched at the plaintiff's expense through wrongful conduct

Answer

The parties had a contractual relationship but the contract was rescinded