Exam 4: Drafting the Complaint

The elements of an action for quantum meruit (unjust enrichment) include: a.defendant requested plaintiff's performance b.plaintiff performed the services requested c.services performed by plaintiff had a fair and reasonable value d.the defendant failed to pay for the goods or services rendered ​ The remedies available are damages equal to the value of the goods and services and other remedies. Draft the complaint language for the cause of action paragraph, the remedy paragraph, and the wherefore clause for the facts given, then state whether the syllogism is complete and, if not, what is lacking. Merit Landscaping has agreed to care for Harry Berry's yard during a three-month absence for the sum of $300. Berry returns to find the yard mowed, but hears from neighbors that it was overgrown most of the summer, and refuses to pay. Merit sues for quantum meruit.

Exemplary damages ​

Explain the difference between real party in interest and standing to sue.

Pleadings are ​

Language in the complaint needs to ​

Exhibits attached to complaints can include ​

When a person's interest in a suit is not represented by existing parties, that person can become a party through a ​

a. Why can the caption of Case IV read Briar Patch Dolls, Inc. v. Teeny Tiny Manufacturing Co. rather than Heinz v. Smith and McGinnis ? b. If Teeny Tiny were owned solely by Ethel Meyers, now deceased, could Briar Patch still sue? Why?

The cause of action is stated in the body of the complaint.

What information must be presented to allege jurisdiction in a state court?

A complaint should ​

Statement of parties' domiciles is necessary in alleging ​

Noneconomic damages ​

If one party repudiates a contract before the time of performance, the injured party may sue for anticipatory breach of contract.

What do pleadings have to do with our right to due process?

Legal writing usually requires language that is difficult for an ordinary person to understand.

A syllogism is ​

Injunctions are remedies to prevent future harm.

In drafting a caption, be sure to include ​

Punitive damages must be reasonable.