Hawaii Supreme Court· 11/1/2004

Durette v. Aloha Plastic Recycling, Inc.

Citations

100 P.3d 60
105 Haw. 490

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

distinguishing a claim for unjust enrichment, based on principles of restitution, from claims sounding in contract or tort
“One who receives a benefit is of course enriched, and he would be unjustly enriched if its retention would be unjust.” (citation omitted)
“A fact is material if proof of that fact would have the effect of establishing or refuting one of the essential elements of a cause of action or defense asserted by the parties.” (Citations omitted.)
a \claim for unjust enrichment requires only that a plaintiff prove that he or she confer[red] a benefit upon the opposing party and that the retention [of that benefit] would be unjust\
\[A] claim for unjust enrichment requires only that a plaintiff prove that he or she conferred a benefit upon the opposing party and that the retention of that benefit would be unjust.\
Under Hawaii law, an implied contract can be found where the intentions of the parties are not expressed, “but an agreement in fact, creating an obligation, is implied or presumed from their acts.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Moon, Levinson, Nakayama, Acoba, Duffy

Read full opinion on CourtListener

Cited by

58 cases in this archive cite this case; the 20 most cited are listed.

Cites

9 cases in this archive are cited by this case.

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