An action on a contract implied in law may be predicated upon different types of misconduct in a transaction between the parties. For instance, a claim for unjust enrichment may be predicated upon a failure of consideration. Where money is paid by one party in contemplation of some action to be done by another, and the thing stipulated to be done is not done, the consideration has failed and an action for unjust enrichment to recover the money paid on the contract will lie.

Another basis of recovery for a contract implied in law is recission of a contract. Generally, the individual who seeks to rescind or avoid the transaction and recover the consideration must restore the other party in the transaction to the status quo and return what he or she received under the transaction or its equivalent value. Additionally, it is irrelevant whether the contract is a simple agreement or one under seal. However, a delay in seeking a recission or avoidance of a transaction that is voidable, is a special factor inhibiting relief, by way of restitution dependent on recission, that may be applied to preclude recovery.

Among the various remedies available to a party who has been defrauded is an action on a contract implied by law to recover money due or paid under a contract procured by false and fraudulent representations. However, to maintain an action on a contract implied by law, the plaintiff must have been induced by fraud to pay money over to another, and a contractual relationship must exist between the parties.

Regardless of the issues giving rise to a cause of action for unjust enrichment, it is essential that you hire only the most qualified West Palm Beach unjust enrichment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.