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Case Citations [1] (April 2023 - August 2023)

handle is hein.ali/retrdrue1206 and id is 1 raw text is: THE AMERICAN LAW INSTITUTE Spring 2023 Citations RESTITUTION AND UNJUST ENRICHMENT 3D Generally D.N.M.2021. Cit. generally in ftn. Business-development consultant who was hired to increase the profitability of a cattle ranch in order to attract potential buyers sued owner of the ranch, alleging that owner breached his promise to pay a finder's fee to consultant upon the sale of the ranch. After a bench trial, this court granted judgment for consultant and awarded him damages against owner, holding that owner breached a valid contract between the parties by failing to pay consultant a percentage of the sale price of the ranch. As to consultant's unjust-enrichment claim, the court cited Restatement of Restitution § 1 in noting that quasi-contractual remedies were not to be created when, as here, there was an express contract, and that, while the New Mexico Supreme Court had relied upon the Restatement of Restitution in analyzing unjust-enrichment claims, it had not directly relied on the Restatement Third of Restitution and Unjust Enrichment. Tyler Group Partners, LLC v. Madera, 564 F.Supp.3d 944, 1006. PART I. INTRODUCTION CHAPTER 1. GENERAL PRINCIPLES § 1. Restitution and Unjust Enrichment Del.Ch.2022. Cit. and quot. in disc.; com. (a) quot. in disc. Shareholder of a corporation filed a derivative action against, among others, corporation's chief executive officer, alleging that chief executive officer was unjustly enriched when corporation's compensation committee granted him excessive performance-share awards. This court denied chief executive officer's motion to dismiss, holding that shareholder adequately pleaded that corporation was harmed by the grant of the awards, even though it had not yet sustained any monetary damages because the awards had not been disbursed. The court noted that, according to Restatement Third of Restitution and Unjust Enrichment § 1, an unjust enrichment could include a violation of another's legally protected rights without the need to show that the claimant had suffered a loss. Garfield on behalf of ODP Corporation v. Allen, 277 A.3d 296, 343, 345. Mass.2022. Com. (a) quot. in conc. op. Purported descendant of subjects of 19th century daguerreotype photographs taken by university faculty member filed, inter alia, property claims against university, alleging that plaintiff was entitled to the photographs, because the photographs were created in the context of tortious violations of the subjects' rights given that faculty member exploited the subjects' COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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