The following question requires you to write an answer in paragraph form.
Fidelity Mortgage sells a mortgage on Doug Quicksilver's home to Enterprise Bank. Enterprise erroneously pays the real estate taxes on the home. When Enterprises demands reimbursement, Quicksilver refuses, arguing that no contract exists that obligates him to reimburse the bank. What legal theory might Enterprise use to get its money from Quicksilver?
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1. Jake thinks he has a sexual harassment claim (based upon federal law) against his employer. Jake is a resident of Texas, and his employer is also a resident of Texas. Jake is seeking damages of $60,000. Should Jake bring this claim in federal court? Why or why not?
Enterprise Bank might use the legal theory of unjust enrichment to try to get its money from Doug Quicksilver. Unjust enrichment is a legal concept that arises when one party has been unjustly enriched at the expense of another party. In this scenario, Enterprise Bank mistakenly paid the real estate taxes on Doug Quicksilver's home that it was not obligated to pay. As a result, Quicksilver received a benefit for which he did not pay. This situation could be seen as unjust enrichment, as Quicksilver would be retaining a benefit without reimbursing Enterprise Bank for its payment. Enterprise Bank can argue that Quicksilver should be required to reimburse them based on the principle of unjust enrichment, as it would be unfair for Quicksilver to keep the benefit without compensating the bank.
To determine the legal theory that Enterprise Bank might use to get its money from Doug Quicksilver, we need to analyze the situation. In this scenario, Enterprise Bank erroneously paid the real estate taxes on Doug Quicksilver's home, and now they are seeking reimbursement from him.
One possible legal theory that Enterprise Bank could rely on is the theory of unjust enrichment. According to this theory, if one party has conferred a benefit on another party, and it would be unjust for the latter party to retain that benefit without compensating the former, the law may impose an obligation on the latter party to make restitution. In this case, Enterprise Bank can argue that by paying the real estate taxes on Doug Quicksilver's home, they conferred a benefit on him, as it allowed him to avoid potential penalties or consequences for non-payment. Quicksilver's refusal to reimburse the bank would be seen as unjust enrichment, as he would be retaining the benefit (tax payment) without compensating Enterprise Bank.
To strengthen their case, Enterprise Bank would need to demonstrate that Quicksilver was aware of the mistake but still refused to reimburse them. They would also need to establish that there was no contractual obligation for them to pay Quicksilver's taxes. If they can prove these elements, the theory of unjust enrichment can help Enterprise Bank in their efforts to recover their money from Doug Quicksilver.