Hawaii Complaint regarding Assumpsit - Money Owed

State:
Hawaii
Control #:
HI-5COMPA
Format:
PDF
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Description

A Complaint is the first pleading filed in a lawsuit. It states the allegations of the Plaintiff against the Defendant. This particular Complaint is to be used in situations where a certain amount of money is owed the Plaintiff.

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FAQ

Definition. Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship.

A contractual promise that is held to exist despite a lack of express terms or agreement stating the promise. The failure to comply with an implied promise may constitute breach of contract.

When a party to a contract does something that they do not have to do or does not do something they have the right to do, no matter how small, that act can constitute consideration and bind the other party.This is the gist of the major exception to the past consideration rule, the doctrine of implied assumpsit.

Something bargained for and received by a promisor from a promisee. Common types of consideration include real or personal property, a return promise, some act, or a forbearance. Consideration or a valid substitute is required to have a contract.

Latin for "as much as he has deserved." An equitable remedy that provides restitution for unjust enrichment. Damages awarded in an amount considered reasonable to compensate a person who has provided services in a quasi-contractual relationship. See Quasi contract (or quasi-contract).

Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law.As such, when Party A gives Party B a gift, Party A has no legal recourse to receive something in return.

: not directly or specifically made known (as in the terms of a contract) specifically : recognized (as by a court) as existing by reason of an inference and especially on legal or equitable grounds for breach of implied covenants in oil and gas leases National Law Journal compare express.

Quantum meruit is a Latin phrase and is related to the Indian Contract Act, 1872. It means what one has earned or as much as he has earned. In simpler terms, it refers to the actual value of the services rendered or performed.The Black Law Dictionary states that quantum meruit means as much as one deserves.

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Hawaii Complaint regarding Assumpsit - Money Owed