
03-25-2019, 06:39 PM
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Orc
Join Date: Aug 2016
Location: Los Angeles
Posts: 34
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Quote:
Originally Posted by Kayso2
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Are you claiming a painter who is contracted to paint a house can stop halfway through and be owed a portion of the money? Like an unjust enrichment claim? That might have merit, especially if the painter completely painted a portion of the home ie. the complete exterior, or the complete downstairs, leaving no section as can be reasonably divided only partially painted.
Defendant did get a complete earring. But, I'd argue that fulfillment of second hoop is actually worth twice as much as the first. Either of the drops will suffice for the first earring. But once Buyer get his first earring you've limited the Buyer's chances for completion as the earring Buyer still needs is effectively twice as rare.
Assuming equal drop rates, perhaps there is an unjust enrichment claim. I find for the petitioner in the amount of 6,666p, 6g, 6s, 6c.
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Unjust enrichment is an equitable remedy but not a recognized cause of action. Common law quantum meruit is what you are correctly proposing here: https://dictionary.law.com/Default.aspx?selected=1692
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