Tuesday, April 12, 2005

Bathroom Humor

Yesterday in Remedies class, we were discussing restitution and unjust enrichment. In a hypothetical, the plaintiff and defendant lived together in defendant's house. Plaintiff paid $5000 to improve a bathroom in the house, which ended up increasing the market value of the house by $3000. When defendant married and plaintiff moved out, plaintiff wanted compensation for what she put into the house. While we were all discussing what her recovery should be, a classmate suggested that plaintiff's recovery should be reduced because plaintiff had gotten some "use and enjoyment" out of the bathroom.

Hmmmm. Use, yes. Enjoyment, not so much.