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Schlosser v. Welk

Illinois Appellate Court

550 N.E.2d 241 (1990)

Relevant factsFree

Rhonda Welk (defendant), an employee of Marianne Schlosser's (plaintiff) video store, took eight tapes home under an employee free-rental policy the same day she was fired, but she never watched the tapes -- she left them untouched in a closet for several weeks before returning them once she rediscovered them while cleaning. Schlosser sued Welk, and the trial court awarded $549 in damages, equal to what Welk would have owed had she actually rented the eight tapes for that entire period; Welk appealed the damages calculation.

IssueFree

Whether damages for an unjust-enrichment claim are equal to the amount by which the defendant was unjustly enriched at the expense of the plaintiff.

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