245) While in Puerto Rico the applicable law may not be outcome determinative, a survey of state law around the country suggests that the presence of small differences in laws could be important for creditors seeking quasi-contractual recovery.
While unjust enrichment is the remedy that makes the most sense, there is a long line of cases that have awarded quantum meruit damages as a quasi-contractual remedy against a municipality in New York, though this would be a tough argument to make since this remedy is typically given for work done, not money given over.
The opening words of the first substantive chapter in Keener, above n 5, 26 are illustrative: The recovery at law of money paid under mistake affords not only one of the most striking illustrations of the equitable nature of the quasi-contractual
obligation, where the liability rests upon the doctrine of unjust enrichment, but also shows, in common with the other topics belonging to the law of Quasi-Contracts, how utterly foreign to the subject are the principles of the law of Contract.
Examples of quasi-contractual
relationships that give rise to a duty to indemnify include: lessor and lessee, employer and employee, owner and lessee, and master and servant.
1990) (noting that the Chapter 11 debtor could have recovered under "the quasi-contractual
doctrine of unjust enrichment .
In the case of the civil service, this involved introducing a quasi-contractual
relationship between the policy core of government departments and their operational units.
In Pierce, the owner of a hospital attempted to extinguish this so called "buffer zone" in an effort to uphold a multi-million dollar judgment it recovered against a mechanical subcontractor for breach of contract on the legal theory of third-party beneficiary, or, in other words, the owner contended that it was the beneficiary of the contract between the general contractor and the mechanical subcontractor which created a quasi-contractual
relationship between the owner and the sub.
For the avoidance of doubt, this disclaimer does not create any contractual or quasi-contractual
relationship between any broker, holder or other person and HSI Services Limited and/or Hang Seng Data Services Limited and must not be construed to have created such relationship.
damages--that is, the return of commissions and interest paid--appear to be the appropriate measure of recovery in "pure" churning cases.