Final Score: High-Flying Insurance Exec, $0.00; Naked Dancing Girls, $28,000

Mitchell Blaser, an executive with insurer Swiss Re, has sued the New York strip club "Scores" after allegedly being overcharged thousands of dollars for a night of insurance-executive-style entertainment. According to Reuters, "a Scores spokesman said that, during his December visit, Blaser ordered five magnums of the club's most expensive champagne, a 1990 Krug Clos du Mesnil, for $3,200 each. He also spent $7,000 for lap dances and the company of 12 girls who surrounded him for hours."

Comments

[Nic]

What's the cause of action? Unjust Enrichment or Nudum Pactum?

[UCL]

I don't know, but do you think a plausible defense to this action could be the doctrine of Unclean Hands?

[Nic]

Upon further review of the pleadings, the case appears to be couched on Nudum Pactum.

"Club employees later added a $4,000 tip without Mr. Blaser’s knowledge, and when he called American Express the next day to complain, he was told Scores had actually charged $28,021 to his card, the suit alleges."

While the doctrine of Unclean Hands might be a defense to an action based on Unjust Enrichment, in Equity, one of the girls not involved in this action who is working her way through law school correctly noted that Nudum Pactum is founded in the Common Law and does not bar dirty old men from relief.