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Unjust Enrichment

Business and Commercial Torts : Unjust Enrichment

A cause of action for unjust enrichment arises from the liability that the law implies in a quasi-contract.  A quasi contract is also known as a contract implied in law or a constructive contract.  Quasi contracts differ from express contracts and contracts implied in fact because they rest upon the assent of the parties, whereas quasi contracts do not rest upon such assent.   A quasi contract is not a contract at all. Rather, a contract implied in law is a legal fiction.  The fiction was adopted by the courts to provide a remedy where one party was unjustly enriched.  In other words, where the defendant received a benefit under circumstances that made it unjust to retain it without giving compensation, the defendant may be held liable. 

The liability that the law implies in a quasi-contract is based primarily upon unjust enrichment, that is, a benefit flowing to the person sought to be charged.  Therefore, in order to hold that a quasi-contract or contract implied in law exists in a particular case, it is necessary to find that the defendant has received a benefit or has been unjustly enriched and should be required to compensate the plaintiff.  In an action for a quasi-contract, the remedy is equitable in nature, and is favored by the courts.

To prevail on a theory of unjust enrichment a plaintiff must plead the following elements with the expertise of a qualified West Palm Beach unjust enrichment lawyer:

 

  • The plaintiff has conferred a benefit on the defendant;

    The defendant has knowledge of the benefit;

    The defendant has accepted or retained the benefit conferred; and

    The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.

     

    The primary purpose of restitution is to restore the plaintiff to his or her initial position before the defendant received the benefit that gave rise to the obligation to restore. The plaintiff must prove a cause of action for unjust enrichment by a preponderance of the evidence.

    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.

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