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

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.

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

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.

Question 3

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

Accepted Answer

Disgorge profits earned through wrongful conduct

Answer

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.

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

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.

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

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.

HI Bar - Hawaii Bar Exam Practice Test

HI Bar - Hawaii Bar Exam Practice Test

HI Bar Remedies 3