My teacher is telling us that in a quasi contract there are three factors taken into consideration.
1. plaintiff incurs an expense or a burden
2. defendant receives a benefit
3. circumstances exist that are seriously unfair for defendant to receive benefit without compensating the plaintiff.
Then he continues by telling us how the courts weight out the plaintiff and defendant:
For the Plaintiff
- Does serious forfeit exist?
- is there prompt action?
- is there a degree of negligence?
For the Defendant
- is it easy or difficult to pay
- is it going to take them by surprise
- prejudice by the delay
What does he mean by "prompt action" and "degree of negligence"??
1. plaintiff incurs an expense or a burden
2. defendant receives a benefit
3. circumstances exist that are seriously unfair for defendant to receive benefit without compensating the plaintiff.
Then he continues by telling us how the courts weight out the plaintiff and defendant:
For the Plaintiff
- Does serious forfeit exist?
- is there prompt action?
- is there a degree of negligence?
For the Defendant
- is it easy or difficult to pay
- is it going to take them by surprise
- prejudice by the delay
What does he mean by "prompt action" and "degree of negligence"??