In a cause of action for unjust enrichment, recovery may be in the form of restitution and/or damages. Restitution is awarded on the theory that the party that has been unjustly enriched should be required to compensate the plaintiff whose right of recovery rests both on money paid by mistake of fact and by mistake of law. Therefore, when a defendant retains money or benefits from the goods or services of another, the theory of unjust enrichment may compel the remedy of restitution for the sake of equity to the plaintiff. The rationale for restitution is the principle that a party who has been unjustly enriched at the expense of another is required to make restitution to the other to make things right. In addition, Florida law will imply an obligation on the part of the defendant to pay the reasonable costs of changes or alterations where a contract exists and such changes or alterations are requested by the defendant. For instance, the proper measure of damages on a contractor's unjust enrichment claim against a landlord was the remaining balance on a contractor's contract with a former tenant for improvements to the leased premises, rather than the increased value of the property as a result of the improvements. Additionally, the purpose of restitution based claims, such as unjust enrichment, is not punitive.

A cause of action for unjust enrichment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unjust enrichment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.