Massachusetts Jury Instruction - Threats Against The President
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FAQ
The court has held that there are six general defences to an unjust enrichment claim, including the following: Change of position; Estoppel; Statutory defences; Laches and acquiescence; Limitation periods; and. The impossibility of counter-restitution.
If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.
Evid. 1102. A judge has the discretion to impose sanctions for the spoliation or destruction of evidence, whether negligent or intentional, in the underlying action in which the evidence would have been offered.
Ing to the Court, five elements constitute unjust enrichment: an enrichment; an impoverishment; a connection between the enrichment and the impoverishment; an absence of a basis (sine causa) of the enrichment;
The defendant is charged with having threatened to commit a crime against the person or property of another. Threatening [a person with a crime against his or her person or property] [a person by threatening a crime against someone else or their property] is itself a crime.
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
"Unjust enrichment is defined as 'retention of money or property of another against the fundamental principles of justice or equity and good conscience. '" Santagate v. Tower, 833 N.E.2d 171, 176 (Mass. App.
Specific intent means that ?a defendant must not only have consciously intended to take certain actions, but that he also consciously intended certain consequences.? Commonwealth v. Gunter, 427 Mass. 259, 269, 692 N.E.2d 515, 523 (1998).