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Liability for an unjust enrichment arises irrespective of wrongdoing on the part of the recipient, though it may affect available remedies. And restitution can also be ordered for wrongs (also called "waiver of tort" because election of remedies historically occurred when first filing a suit). This may be treated as a distinct basis for ...
It can be argued as a defense, and if raised successfully, can lead to the agreement in question being found void ab initio or voidable, or alternatively, an equitable remedy may be provided by the courts. Common law has identified three different types of mistake in contract: the 'unilateral mistake', the 'mutual mistake', and the 'common ...
The Elliott-Larsen Civil Rights Act (ELCRA), or Public Act 453 of 1976, which went into effect in 1977, originally prohibited discrimination in Michigan only on the basis of "religion, race, color, national origin, age, sex, height, weight, familial status, or marital status" in employment, housing, education, and access to public accommodations. [2]
In certain areas of the law another head of damages has long been available, whereby the defendant is made to give up the profits made through the civil wrong in restitution. Doyle and Wright define restitutionary damages as being a monetary remedy that is measured according to the defendant's gain rather than the plaintiff's loss. [40]
“You can’t get that toothpaste back in the tube.” Dauber’s committee worked with the provost’s office in its years-long revision of the rules. The new process included lowering the burden of proof to a “preponderance of evidence” and providing for an investigator who reported back to a trained five-person panel.
A new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian, according to House Bill 393.. The law, which went into effect Friday, says ...
Whether your bank refunds money lost in a scam depends on several factors: the type of scam, how you sent the funds, the bank’s policies and if you authorized the transaction. Learn more in our ...
Draper pleaded guilty in December 2020 to one count and was sentenced to 25 months in federal prison and to pay nearly $2 million in restitution to victims. He was released in early 2023.
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