An equitable lien is often confused with a constructive trust, another equitable remedy. Both remedies result from a defendant's unjust enrichment at the expense of the plaintiff. However, a constructive trust is a trust, not a lien; imposition of the trust actually transfers the title of the ...
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provider will be entitled to reasonable payment under the legal doctrine of ‘quantum meruit’ (meaning “theamount that one deserves”). Importantly, quantum meruit does not rely on the existence of an implied contract; rather, it seeks restitution based o...
Based on the equitable principle that prevents a person from enriching themselves at the expense of others, the theory of unjust enrichment is only accepted in French law under certain conditions. The interest of the decision handed down by the first civil chamber of the Cour de cassation on ...
In such situations, it is normally the principal's interest which has priority because the general priorities rule is that if the defendant is the bona fide purchaser for value of an equitable interest (for example, through providing a loan by way of an unregistered mortgage) in the trust pro...
Equitable recoupment can be used by either a taxpayer or the government to avoid unjust enrichment caused by enforcement of the statute of limitations. It involves a single transaction subject to two different legal theories of taxation, a claim barred by the statute of limitations, and a ...
While there is a tendency for individuals in both camps to claim that the proposals of the other camp would lead to the creation of some kind of state, this is an exaggeration. The differences between individualists and anarcho-socialists are significant, but in a stateless society it would ...
unjust enrichment. Out of the above postings (not counting the law student hypo- nice try buddy) only the first person seems to have a plausible chance of success. Good luck to you all, and remember actual human contact is better if you are dealing in the legal system. The internet can...
unjust enrichment. Out of the above postings (not counting the law student hypo- nice try buddy) only the first person seems to have a plausible chance of success. Good luck to you all, and remember actual human contact is better if you are dealing in the legal system. The internet can...