A trustee is typically entitled to reimbursement for expenses the trustee advances for the trust. Section 456.7-709, RSMo. Reimbursement is available for “expenses that were properly incurred in the administration of the trust.” Further, to the extent necessary to prevent unjust enrichment, expenses that were not properly incurred in the administration of the trust are…
Legal Articles
Gratuitous Services & Family Relationship Defense
A “family relationship” is an affirmative defense to certain claims. It is rare. It can arise as a defense to claims of unjust enrichment, quantum meruit, or adverse possession. The defense is that services were rendered out of love and affection and that one was not necessarily trying to seek money. “The existence of a…
Constructive Trust: Unjust Enrichment and Breach of Fiduciary Duty
A constructive trust is an equitable device to “remedy a situation where a party has been wrongfully deprived of some right, title or interest in property as a result of fraud or violation of confidence of faith reposed in another.” Lynch v. Lynch, 260 S.W.3d 834, 837 (Mo. 2008). It may also provide a remedy…
Express Contracts versus Implied Contracts; Breach of Contract
Express contracts are those in which two or more parties explicitly agree, orally or in writing, to a contract. For a plaintiff to prevail on breach of an express contract claim, the plaintiff must prove: (1) the existence and terms of a contract, (2) that plaintiff performed under the contract, (3) breach of the contract…
Quantum Meruit, Family Relationships
Quantum meruit exists when “services are provided and accepted under circumstances that would justify an expectation of payment of the reasonable value of those services to the person providing them.” Moran v. Hubbartt, 178 S.W.3d 604, 615 (Mo. Ct. App. 2005). The measure of recovery, if successful, is the reasonable value of the services rendered….
Implied or Equitable Indemnification
Indemnification is when one party is responsible for another party’s legal liability. Indemnity is usually either contractual or non-contractual. Non-contractual indemnity is also sometimes referred to as common law indemnity or common law indemnity. Regardless of how it is labeled, to prevail a party must show: (1) the discharge of an obligation by the plaintiff,…
Restitution, Unjust Enrichment
Unjust enrichment is a commonly litigated claim. However, it can be difficult to present to a jury or jury. Unjust enrichment requires a showing that there was a (1) benefit conferred upon the defendant by the plaintiff, (2) appreciation of the benefit by the defendant, and (3) acceptance and retention by the defendant of that…
Unjust Enrichment Claims When a Contract Exists
To win on a claim for unjust enrichment, a plaintiff needs to demonstrate that (1) the defendant was enriched by the receipt of a benefit, (2) the enrichment was at the expense of the plaintiff and (3) that it would be unjust to allow the defendant to retain the benefit. Damon v. City of Kansas City,…
Quantum Meruit versus Unjust Enrichment
Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages. Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with…
Attorney Lien Enforcement
Attorneys are not immune from having a client that fails to pay a bill. In Missouri, an attorney must either typically file an independent suit for breach of contract, suit on account, unjust enrichment etc. to recover any unpaid legal services or file a motion to enforce an attorney lien. The latter is much more…