Restitution in Tort Law: Master the Principles of Unjust Enrichment Recovery

Question 1

Which of the following is NOT a basic element of a restitution claim?

Accepted Answer

Intentional wrongdoing by the defendant

Answer

Enrichment by the defendant

Answer

Deprivation of the claimant

Answer

Causal connection between the enrichment and the deprivation

Question 2

What is the overarching purpose of tracing in the equitable context?

Accepted Answer

To pursue misappropriated property through various forms

Answer

To restore the claimant to their original position before the wrongful act

Answer

To penalize the wrongdoer for their misconduct

Answer

To deter future wrongful conduct

Question 3

What is the primary function of subrogation in relation to restitution?

Accepted Answer

To transfer the claimant's rights against the wrongdoer to a third party who has compensated the claimant

Answer

To prevent the claimant from obtaining a double recovery

Answer

To impose a constructive trust on the wrongdoer's property in favor of the claimant

Answer

To release the wrongdoer from any further liability to the claimant

Question 4

Identify the requirement that is NOT essential for an action in restitution?

Accepted Answer

Availability of other legal remedies

Answer

Unjust enrichment of the defendant

Answer

Deprivation of the plaintiff's property

Answer

Causation between the defendant's enrichment and the plaintiff's deprivation

Question 5

Identify the specialized form of constructive trust that arises due to a fiduciary's breach of duty.

Accepted Answer

Quistclose trust

Answer

Express trust

Answer

Resulting trust

Answer

Charitable trust

Question 6

In an action for quantum meruit, the claimant seeks compensation for:

Accepted Answer

The value of the benefit conferred on the defendant

Answer

The plaintiff's actual costs incurred

Answer

The defendant's unjust enrichment

Answer

Nominal damages

Question 7

Which of the following is NOT a potential ground for setting aside a release in the context of restitution?

Accepted Answer

Breach of contract

Answer

Mistake

Answer

Duress

Answer

Undue influence

Question 8

In which situation is it less likely that a constructive trust will be imposed?

Accepted Answer

Defendant's good faith actions

Answer

Existence of a fiduciary relationship

Answer

Presence of unjust enrichment

Answer

Absence of an adequate legal remedy

Question 9

What is the primary purpose of the 'benefit-based' measure of restitution?

Accepted Answer

To ensure that the defendant derives no financial gain from their wrongful conduct

Answer

To compensate the victim fully for the losses incurred

Answer

To punish the defendant and deter similar actions in the future

Answer

To promote social justice by redistributing wealth

Question 10

What is the foundational legal principle upon which the doctrine of unjust enrichment is based?

Accepted Answer

Equity

Answer

Common law

Answer

Statutory law

Answer

Case precedent

Question 11

What is the primary distinction between restitution in tort and restitution in contract?

Accepted Answer

Tort restitution arises from unjust enrichment, while contract restitution stems from breach of promise

Answer

Contract restitution is limited to monetary losses, whereas tort restitution may encompass non-monetary losses

Answer

Tort restitution is awarded in addition to compensatory damages, whereas contract restitution replaces them

Answer

There is no meaningful distinction between the two types of restitution

Question 12

Which fundamental principle of restitution in tort aims to restore the injured party to their pre-tort position?

Accepted Answer

Recovery of unjust enrichment

Answer

Punishment of the wrongdoer

Answer

Deterrence of future tortious conduct

Answer

Vindication of the injured party's rights

Question 13

Under which circumstance can a defendant be held liable for unjust enrichment in tort?

Accepted Answer

When they have unjustly benefited at the plaintiff's expense

Answer

When they have intentionally caused harm to the plaintiff

Answer

When they have been negligent in their actions

Answer

When they have breached a contractual obligation

Question 14

When is a plaintiff permitted to choose restitution over damages as a remedy?

Accepted Answer

When the defendant has been unjustly enriched

Answer

When the plaintiff has suffered significant economic loss

Answer

When the plaintiff desires to punish the defendant

Answer

When the defendant is insolvent

Question 15

In what circumstances may a court order an account of profits as a restitutionary remedy?

Accepted Answer

When the defendant has profited from their wrongful conduct

Answer

When the plaintiff has suffered a loss of profits

Answer

When the defendant is unable to return the specific property in question

Answer

When the plaintiff wishes to punish the defendant

Question 16

Which factor is NOT considered when determining the extent of restitution in tort?

Accepted Answer

The economic conditions

Answer

The extent of the defendant's enrichment

Answer

The plaintiff's loss

Answer

The defendant's conduct

Question 17

Explain the key distinction between a constructive trust and an equitable lien.

Accepted Answer

A constructive trust grants ownership of the property to the plaintiff, while an equitable lien creates a security interest in the property.

Answer

An equitable lien grants ownership of the property to the plaintiff, while a constructive trust creates a security interest in the property.

Answer

A constructive trust is imposed by law, while an equitable lien is created by agreement.

Answer

There is no distinction between a constructive trust and an equitable lien.

Question 18

What is the significance of the tracing principle in restitution?

Accepted Answer

It allows the plaintiff to follow their property into the hands of third parties

Answer

It limits the plaintiff's recovery to the specific property that was taken

Answer

It prevents the defendant from dissipating the plaintiff's property

Answer

It gives the plaintiff a priority claim over other creditors

Question 19

Which of the following is NOT an essential element of a successful restitutionary claim?

Accepted Answer

The claimant acted in good faith.

Answer

The defendant was unjustly enriched.

Answer

The claimant suffered a loss.

Answer

The defendant's enrichment was at the claimant's expense.

Question 20

Which of the following is NOT a type of restitutionary trust?

Accepted Answer

Express trust

Answer

Resulting trust

Answer

Constructive trust

Question 21

In the context of unjust enrichment, which of the following is NOT a method of enrichment?

Accepted Answer

Saving

Answer

Improvement

Answer

Acquisition

Answer

Retention

Question 22

A homeowner mistakenly builds an extension onto their neighbor's property. Which of the following is the most likely restitutionary remedy the neighbor can seek?

Accepted Answer

Removal of the extension

Answer

Damages for the cost of the extension

Answer

A declaration that the neighbor owns the extension

Answer

An injunction preventing the homeowner from using the extension

Question 23

Which of the following is NOT a requirement for a successful claim in restitution based on unjust enrichment?

Accepted Answer

The defendant must have acted intentionally.

Answer

The defendant must have received a benefit.

Answer

The enrichment of the defendant must be unjust.

Answer

The claimant must have suffered a detriment.

Question 24

A doctor performs surgery on a patient without their consent. Which restitutionary principle is most likely to apply in this scenario?

Accepted Answer

Restitution for wrongs

Answer

Restitution for money paid

Answer

Restitution for property received

Answer

Restitution for services rendered

Question 25

A defendant mistakenly pays a debt that was not legally owed. Which of the following remedies is most likely to be available to the defendant?

Accepted Answer

Money had and received

Answer

Account for profits

Answer

Specific restitution

Answer

Quantum meruit

Question 26

In a restitution claim based on unjust enrichment, which of the following is a key factor the court will consider?

Accepted Answer

The nature and extent of the defendant's enrichment

Answer

The defendant's intention to enrich themselves

Answer

The plaintiff's loss

Question 27

A construction company mistakenly builds a house on the wrong property. Which restitutionary remedy is most likely to be available to the homeowner of the intended property?

Accepted Answer

Specific restitution

Answer

Quantum meruit

Answer

Damages for the cost of the house

Answer

An injunction preventing the company from selling the house

Question 28

Which of the following is NOT a typical defense to a claim in restitution?

Accepted Answer

The defendant acted in good faith.

Answer

The plaintiff consented to the enrichment.

Answer

The defendant has already disposed of the benefit.

Answer

The plaintiff has already been compensated.

Question 29

A plaintiff seeks restitution for a benefit received by the defendant. What is the general principle governing the amount of restitution awarded?

Accepted Answer

The value of the benefit received by the defendant

Answer

The defendant's gain

Answer

The plaintiff's loss

Answer

The defendant's ability to pay

Question 30

A plaintiff seeks restitution for services rendered to the defendant without a contract. Which of the following remedies is most likely to be available?

Accepted Answer

Quantum meruit

Answer

Money had and received

Answer

Specific restitution