Brainstorming software for restitutionary remedies

the same reasons why it will be beneficial to anyone involved in contracts also apply to restitutionary remedies.  However, restitutionary remedies are a different animal as the usually come into play after legal remedies are determined to be non applicable.  Restitutionary remedies are very important though because they often serve as the last ditch effort to provide a plaintiff some regress. 

All parties to a contract should brainstorm about this type of remedy because they are always at issue.  With a better understanding, a potential defendant to litigation could avoid unecessary cost in avoiding liability.  Or, if liability is all but certain, to reduce the amount as much as possible.  Using a mind map to brainstorm will act as a good tool to anyone though.  As a brainstorming tool, especially with the utilization of software, the person interested in the topic can insert personalized facts, amounts, and time-lines to help anticipate this kind of remedy.  In doing so, the issue can be fully analyzed and understood. 

Though the brainstormer has great license to create the mind map according to their specific circumstance and taste, the mind map should at least contain some basic information concerning what exactly restitutionary remedies consist of the world of contract.

●      Restitutionary Damages:  based on idea a defendant should not be unjustly enriched by plaintiff.  Usually relevant where a contract is unenforceable or has been breached by defendant.

●      Unenforceable Contracts: the contracts is unenforceable because of lack of capacity by a contract party, mistake, the statute of frauds, or the contact subject matter is illegal.  Usually ask two questions here (good place to use mind map as brainstorming tool by inserting individualized facts): (1) can the plaintiff get such damages for the property or money given to them  or from services rendered for a defendant?  If the answer is in the affirmative, then the plaintiff may be entitled to the value of that benefit. Remember, it is possible for the plaintiff to receive more than value than that contracted for if the value incurred was greater.  (2) If property involved, can the plaintiff get it back?  The plaintiff can if the property is unique and not easily replaceable or if the defendant is insolvent and cannot pay back.  An example of a unique item would be a one of a kind of item such as a family heirloom that has not extrinsic or market value.  This is a good place to insert some images into the mind map to provide examples.

●      Breached Contracts:  the first question to always ask is who exactly is the plaintiff here? Is the plaintiff the breaching or non-breaching party?  The question is important, and should be distinguished in the mind map, because the analysis is different for each.  If plaintiff is the non-breaching party, consider two questions: (1) like mentioned above, can the plaintiff get such damages for the property or money given to them  or from services rendered for a defendant?  If yes, the plaintiff may be entitled to the value of that benefit, even if more than value than that contracted for.  (2) If concerning property, can the plaintiff get it back?  Yes, if the property is unique and not easily replaceable or if the defendant is insolvent and cannot pay back.  Is the plaintiff the breaching party? If yes, can he or she still get restitutionary damages?  The old traditional rule (which is still the majority position today), plaintiff entitled to no recovery.  However, the modern take on it states that recovery is allowed but the recovery can not be greater than the contract rate and is offset by the damages suffered by defendant due to plaintiff’s breach of contract.

A mind map is ideal for this type of information because of the checklist type questions this area of remedies calls for.  That is, with the use of a hierarchical system of topics and subtopics (questions), the brainstorming mind mapper could simply follow the natural flow of the mind map to reach a conclusion.  What could be easier than that?