Question 1

What is quasi-contract recovery theory in Florida?

Accepted Answer

Theory: quasi-contract recovery in Florida is based on: unjust enrichment (the defendant received a benefit at the plaintiff’s expense and it would be unjust to retain it), restitution (the remedy is to restore the plaintiff to their pre-benefit position by requiring the defendant to pay the value of the benefit), and equitable principles (the court uses its equitable powers to fashion a just remedy when no contract exists). Florida courts have recognized quasi-contract as an independent cause of action that can be pleaded alongside or as an alternative to breach of contract.

Question 2

What are the elements of a quasi-contract claim in Florida?

Accepted Answer

Elements: the plaintiff conferred a benefit on the defendant, the defendant knew of the benefit (or should have known), the defendant accepted or retained the benefit, and it would be inequitable for the defendant to retain the benefit without paying its value. The plaintiff bears the burden of proving each element. The court then determines: the reasonable value of the benefit, and the appropriate remedy (typically restitution: the monetary value of the benefit).

Question 3

How do Florida courts calculate quasi-contract damages?

Accepted Answer

Calculation: the measure of recovery is: the value of the benefit conferred on the defendant (not the plaintiff’s cost or the plaintiff’s loss). Methods: market value (what the benefit is worth in the marketplace), cost savings (how much the defendant saved by receiving the benefit), and increased value (how much the defendant’s property or business increased in value as a result of the benefit). The court has equitable discretion to select the most appropriate measure based on the circumstances.

Quasi-Contract Recovery Theory

Quasi-Contract Recovery Theory in Florida

Theoretical Basis

Elements

Damages

Related Terms

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