Posted by John T Country Lawyer on June 06, 2008 at 07:12:20 from (66.244.97.31):
In Reply to: Re: Business Question posted by Nancy Howell on June 06, 2008 at 05:33:57:
Nancy, You're NOT wrong, "Unjust Enrichment" is precisely a legal doctrine that might be evoked in these type cases. I'm an Attorney here in Southern Indiana where these type cases could go before a Judge and in his/her discretionary powers a fair and equitable decision would most likely be achieved. These cases are usually "fact sensitive" and all sorts of things might be taken into account such as fault and timing and any written contract terms (could be a MAJOR determining factor), responsibilities of each party and expectations and other equitable considerations in arriving at a fair decision. The law is not clear cut and dried, it depends on the circumstances in these type situations.
If I were the victim I would try to negotiate a settlement which makes the business owner bear at least some portion of liabilty since it was, after all, HIS mistake and persons should be held accountable for their actions in my (as a Conservative) opinion at least........
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