
	Where results make sense

Topic: Unjust enrichment

Related Topics

Contract

Duress

Law of obligations

Obligation

In the News (Wed 11 Nov 09)

Northern Trust

Marvin Harrison

Peter Chernin

Gary Locke

Match Play

Penelope Cruz

Mickey Rourke

AR Rahman

Danny Boyle

Hugh Jackman

	Unjust enrichment
		Unjust enrichment is an equitable doctrine applied in the absence of a contract and used to prevent one person from being unjustly enriched at another's expense.
		"The essential element in recovering under a theory of unjust enrichment is the receipt of a benefit by the defendant from the plaintiff which would be inequitable to retain without paying for its value." Zuger v.
		Absence of a justification for the enrichment and impoverishment; and
	www.ndsu.nodak.edu /instruct/swandal/AGEC375f/Concepts/unjust.htm (162 words)

	Global Nation \| INQ7.net (Site not responding. Last check: 2007-10-13)
		UNJUST enrichment claims do not lie simply because one party benefits from the efforts or obligations of others, but instead it must be shown that a party was unjustly enriched in the sense that the term unjustly could mean illegally or unlawfully.
		Moreover, to substantiate a claim for unjust enrichment, the claimant must unequivocally prove that another party knowingly received something of value to which he was not entitled and that the state of affairs are such that it would be unjust for the person to keep the benefit.
		Unjust enrichment is a term used to depict result or effect of failure to make remuneration of or for property or benefits received under circumstances that give rise to legal or equitable obligation to account for them; to be entitled to remuneration, one must confer benefit by mistake, fraud, coercion, or request.
	www.inq7.net /globalnation/sec_cdn/2005/feb/opi/leg_21.htm (240 words)

	Articles
		The claim of unjust enrichment and the remedies which might follow success, namely, constructive trust or restitution, is a useful tool for the family lawyer, whether the client is married and separating, or one who is in a "common law" or other kind of relationship which we might call "tantamount to spousal" or "quasi-marital".
		The law of unjust enrichment in the family law case is the intended focus of this paper.
		The lower court, having found unjust enrichment, took a quantum meruit approach to analyze her deprivation, calculating the wages he would have had to pay her based on what he had paid a predecessor, then discounted it for the value of the accommodation she received.
	www.fbfamilylaw.mb.ca /unjust.html (8104 words)

	No. 02CA0556. Interbank Investments, LLC v. Eagle River Water & Sanitation District. - March 27, 2003 - Colorado Court ...
		The trial court indicated that unjust enrichment "may apply" and unjust enrichment awards totaling $234,481.80 "might be" appropriate, but concluded that the unjust enrichment claim was also untimely.
		Nor is an implicit determination that plaintiff's unjust enrichment claim survives the enforceable contracts logically necessary to the division's direction that on remand the trial court consider whether plaintiff could recover restitution for unjust enrichment.
		We have found no case reconciling this tension between allowing recovery for unjust enrichment when the parties' express contract is unenforceable, but denying that recovery under otherwise similar circumstances because the parties' express contract is enforceable, but only nominal damages are recoverable.
	www.cobar.org /opinions/opinion.cfm?OpinionID=3606 (2046 words)

	UNJUST ENRICHMENT – SWEDEN/SCANDINAVIA
		There is also one group of exceptions to the refutation of independent enrichment rules where the courts have used the concept of unjust enrichment without basing it on enrichment notions in specific statutory provisions, in some old cases of timber rights.
		In the first stage of development, unjust enrichment was considered more or less a part of natural law, and was then used to “explain” or motivate legal rules or specific legal conclusions with the argument that the result would otherwise lead to someone being unjustly enriched.
		Thus one can with the rule of unjust enrichment not come any further than to say that the rule is in effect if not it’s opposite is in effect, or that the rule is in effect if it is in effect.
	www.juridicum.su.se /user/masc/UNJUSTENRICHMENT.htm (5076 words)

	Small Firm Business - The 'Hail Mary' in Product Liability Cases: Unjust Enrichment
		The defendants had argued that a direct relationship between the parties was necessary to imply a contract in law (as the quasi-contract remedy of unjust enrichment does) because the plaintiff could not "expect remuneration" from the defendant when the relationship is indirect and the benefits conferred are remote.
		The court affirmed dismissal of the unjust enrichment cause of action, observing that "the term 'unjust enrichment' is not descriptive of conduct which, standing alone, will justify an action for recovery." Id. at 877.
		If unjust enrichment continues to be pleaded in products liability claims, one may expect further decisions addressing not only the elements of the cause of action, but defenses against it as well.
	www.law.com /jsp/law/sfb/lawArticleSFB.jsp?id=1133949913761 (1267 words)

	Unjust enrichment - Wikipedia, the free encyclopedia
		Unjust enrichment is a legal term in English law, and in several other jurisdictions that inherited the English common-law legal system, denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.
		The ‘unjust factors’ approach requires the claimant to point to one of a number of factors recognised by the law as rendering the defendant’s enrichment unjust.
		Since the focus of unjust enrichment is on the defendant’s gain, he can reduce the value of the claim against him if he can show that he has changed his position in good faith in reliance on being entitled to keep the enrichment.
	en.wikipedia.org /wiki/Unjust_enrichment (3191 words)

	Peter Birks and Unjust Enrichment in Australia - [2004] MULR 24; 28 Melbourne University Law Review 724
		It is premised on a model of unjust enrichment based on ‘absence of basis’[29] for an enrichment which common law jurisdictions, including Australia, have not adopted, whatever its attractions may be for civilian jurisprudence.
		A far more serious challenge to the recognition of unjust enrichment as an independent head of obligation and also to Birks’ model of the law of obligations, predicated as it is on a series of responses to events, is posed by the strong and distinctive role played by equitable doctrine in Australian private law.
		Unjust enrichment is not an undifferentiated subset of wrongdoing and neither is it applied only ‘at the visceral level’[76] in Australia today.
	www.austlii.edu.au /au/journals/MULR/2004/24.html (5863 words)

	Hedley, [1997] 3 Web JCLI
		Their ultimate argument against all criticisms is through progressive refinement and redefinition of their 'unjust enrichment' theory, a strategy which has resulted in more and more precise notions, but also in a smaller and smaller ambit for their subject, as unpromising material is excluded.
		But this is not how the 'unjust enrichment' theorists want it, for they seek to separate out their own area; and their cases cannot be 'property' cases, for if they were, they would not need an explanation by means of 'unjust enrichment'.
		'Unjust enrichment' theorists have many answers to this, but a major one is to assert that remedies are available not merely for the protection of property, but also for services unjustly appropriated or at least not paid for.
	webjcli.ncl.ac.uk /1997/issue3/hedley3a.html (5265 words)

	Canadian Unjust Enrichment (Mitchell McInnes, 24 Nov 1999)
		To the contrary, I believe that the Canadian courts' invocation of unjust factors does support the proposition that, at least on a descriptive level, Canadian law generally is the same as English law with respect to the third element of the action in unjust enrichment.
		I interpret your statement to support the proposition that the triggering event is unjust enrichment, but one that, anomalously under the orthodox approach, requires proof of the first and second elements, together with disproof of any juristic reason for the enrichment.
		To further expand upon one point in the preceding paragraph, you indicate that a plaintiff under your theory of unjust enrichment would bear the onus of proving an enrichment, a deprivation and an absence of juristic reason for the enrichment.
	www.ucc.ie /ucc/depts/law/restitution/rdg/9911039.htm (1191 words)

	Texas Law Review Symposium: Restitution and Unjust Enrichment
		For them it follows both that there is a law of unjust enrichment and that the law of unjust enrichment is no more than one slice of the law of restitution.
		That kind of alternative analysis aside, 'wrongs' and 'unjust enrichments' are generic descriptions of distinct categories of causative event, and a wrong does not become an unjust enrichment merely because it enriches the wrongdoer, nor because the victim comes into court claiming the amount of that wrongful enrichment.
		Finally, unjust enrichment can be understood simply as expressing a common theme of restitution cases; on this view, unjust enrichment is a descriptive and organizational principle, which plays no direct role in judicial decision-making.
	www.utexas.edu /law/conferences/restitution (1682 words)

	Durette v. Aloha Plastic Recycling, Inc.
		While unjust enrichment is a broad and precise term defying definition, the Supreme Court in deciding whether there should be restitution is guided by the underlying conception of restitution, that is, the prevention of injustice.
		Unjust enrichment, as a claim for relief, is not clearly defined in either the Hawai`i Revised Statutes or our jurisprudence.
		As discussed supra, the elements of Durette's unjust enrichment claim are (1) that Durette "confer[red] a benefit upon" APR by "add[ing] to [APR's] security or advantage" and (2) that the "retention [of that benefit by APR was] unjust." Small, 67 Haw.
	www.state.hi.us /jud/23854.htm (6301 words)

	Untitled (Site not responding. Last check: 2007-10-13)
		There are said to be three conditions which must be met before you can get a court to force reimbursement based on "unjust enrichment": an actual enrichment or benefit to the defendant, a corresponding deprivation to the plaintiff, and the absence of a legal reason for the defendant's enrichment.
		For example (and only theoretically as many countries have laws which have modified equity law in some situations), if you found somebody else's cash and spent it, you might be sued for reimbursement under unjust enrichment.
		The legal theory behind unjust enrichment is the constructive trust, which the court imposes upon the circumstances to hold the person unjustly enriched as the trustee for the person who should properly get the property back, held to be the beneficiary of the constructive trust.
	resources.lawinfo.com /dsp_term.cfm?Key=unjust (150 words)

	SSRN-Unjust Enrichment in Heartbreak Cases by Emily Sherwin
		The principle of unjust enrichment is susceptible to varying interpretations, which reflect importantly different conceptions of how courts should decide cases and develop law.
		The consequences of different possible interpretations of the unjust enrichment principle are nicely illustrated by a group of cases involving restitution claims between former cohabitants.
		In recognizing these claims, the Restatement adopts an "equitable" interpretation of unjust enrichment for this category of cases, one that licenses courts to disregard rules and engage in particularistic decision-making.
	papers.ssrn.com /sol3/papers.cfm?abstract_id=580782 (275 words)

	Unjust Enrichment and Reparations for Slavery
		As a number of commentators have argued, and as recent developments in the slavery reparations litigation attest, actions in unjust enrichment brought by descendants of African American slaves against corporations that benefited from slavery face a number of serious procedural and substantive hurdles (barriers, on some tellings).
		A quick, but only partial, answer is that Sebok's criticism overstates the reductive message of the recent litigation, in which unjust enrichment is only one of a number of causes of action brought, and the retention of unpaid wages and resulting profits only one of a number of wrongs alleged.
		[ Unjust Enrichment and Reparations for Slavery ]
	academic.udayton.edu /race/02rights/repara34.htm (682 words)

	LawKT.com: Law Firm Publications on Unjust Enrichment
		Unjust enrichment HM Customs and Excise may currently use a defence of unjust enrichment to resist a claim for recovery of overpaid VAT in certain circumstances, for example where the repayment of VAT incorrectly charged by a business would not be passed on to the customer that has borne the tax economically.
		Unjust Enrichment: Generally, a party may recover under an unjust enrichment claim when it has conferred a benefit on another as a result of the latter's conduct, and it would be unjust under the circumstances for that
		Paquet brought suit for breach of contract and unjust enrichment, claiming that it was entitled to an equitable adjustment in the form of the difference between the original painting bid and the O.J. Painting bid.
	www.lawkt.com /pubs/Unjust_Enrichment.html (13898 words)

	RESTITUTION (Site not responding. Last check: 2007-10-13)
		Many cases of unjust enrichment are also covered by other principles, including the basic rules of tort and contract (e.g.
		Defendant may enrich himself by means that we condemn as unjust but for which we would not impose tort liability in the absence of enrichment.
		For a quasi-contract based upon unjust enrichment, "the amount of the recovery is not the actual amount of the enrichment, but the amount of the enrichment which, as between the two parties, would be unjust for one party to retain." Id at 516.
	www.law.umkc.edu /faculty/profiles/glesnerfines/restit.htm (2677 words)

	Ministry of finance, hah!
		Shorn of the jargon, that means the excise officials would argue ITC had already recovered the excise duty by charging its customers, and so any refund would be an "unjust enrichment" since the company could not possibly return this money to the customers who'd paid the duty in the first place.
		Several lawyers and tax consultants have argued since that the "unjust enrichment" case would not apply to ITC because this was a "pre-deposit" made by the company on the instructions of the Cestat tax tribunal, and there were circulars of the finance ministry saying "unjust enrichment" didn't apply to "pre-deposits".
		Apart from the fact that there are over 30 such cases of "pre-deposit" where the taxmen are citing the "unjust enrichment" angle, I've just come across this case of a power company called Tanir Bari, which puts every other case to shame.
	www.rediff.com /money/2004/oct/04guest2.htm (441 words)

	Table of contents for The principles of the law of restitution
		The recognition of the unjust enrichment principle 51 (a) The place of unjust enrichment within the law of obligations 51 (b) Alternative theories 52 (i) Proprietary theory 52 (ii) No unifying principle of unjust enrichment 53 (iii) Unconscious retention 54 2.
		The role of the unjust enrichment principle in practice 60 (a) Current practice 60 (b) A preferable approach 61 4.
		The relevance of enrichment 62 (a) Unjust enrichment or unjust benefit 62 (b) The essence of enrichment 64 (i) The objective test of enrichment 65 (ii) The subjective test of enrichment 66 2.
	www.loc.gov /catdir/toc/ecip0610/2006009429.html (2251 words)

	[No title]
		MEMORANDUM TO : All Students Enrolled in Unjust Enrichment and Restitution Law 200.392, 200.528 and 200.717.
		Unjust Enrichment and Restitution Law 200.392 — Undergraduate Course 1.
		Unjust Enrichment and Restitution Law 200.528 (Masters) and 200.717 (Doctor of Juridical Science) — Postgraduate Students 1.
	www.law.uwa.edu.au /__data/page/56164/Unjust_Enrichment_200.392.doc (801 words)

	Knobbe Martens Olson & Bear LLP, Virginia Journal of Law and Technology (Site not responding. Last check: 2007-10-13)
		This paper argues that a body of trade-secret law, distinct from contract and other tort law, is justified by the principles of unjust enrichment.
		One reason for using an account of the legal doctrine of unjust enrichment in this analysis is that, like trade-secret law,[116] unjust enrichment encompasses a wide array of remedies.
		In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.
	www.kmob.com /art_trade_sec_unjust.htm (7532 words)

	Trade Secrets, Unjust Enrichment, and the Classification of Obligations (Site not responding. Last check: 2007-10-13)
		From the standpoint of corrective justice, tort and unjust enrichment are tied together as juridical classifications of obligations.
		[254] Professor Weinrib characterizes tort and unjust enrichment as alike in the sense that they are the two legal expressions of transfers reflecting "the independent pursuit of separate interests" by plaintiff and defendant.
		Because of the value placed by society in trade secrets,[263] the law currently accords trade-secret holders an entitlement, or right, in their trade secrets that is independent of the existence of any contract between the trade secret holder and a potential misappropriator.
	www.vjolt.net /vol4/issue/home_art2.html (13170 words)

	The Modern Law of Unjust Enrichment and Restitution (Site not responding. Last check: 2007-10-13)
		The law of unjust enrichment and restitution in England is judge made, whereas it was codified in India in the Contract Act, 1872 and is contained in Chapter V of the Act, entitled "Of relations resembling those created by contract" which includes Ss.
		Which area does the law of unjust enrichment and restitution cover.
		The law of unjust enrichment has had a statutory basis in India since 1872, but it was only in 1991, in the landmark House of Lords case of Lipkin Gorman v Karpnale, that it was settled in England that the basis of the law of restitution is the unjust enrichment of the defendant.
	webstore.ebc-india.com /product_info.php?products_id=750 (496 words)

	The Head Heeb: Unjust Enrichment - Nauru
		The people of Nauru are currently discussing the idea of suing the three governments of Australia, New Zealand and the United Kingdom for unjust enrichment.
		The claim would be based on the simple idea that Australia, as a trustee, has been enriched at Nauru’s expense and that it would be unjust for Australia to retain that benefit.
		Whatever money was to be won as compensation for the unjust enrichment, losses incurred by unfair monopoly or any other case we decided to law would not be going to the government but the landowners who were wronged.
	headheeb.blogmosis.com /archives/028372.html (2278 words)

	Unjust enrichment - UK Budget 2005 - PwC UK
		In addition the unjust enrichment defence will no longer be limited to any amount overpaid; it will be in respect of the gross amount of overcharged output tax.
		Customs and Excise have in the past rejected certain claims or parts of a claim on the basis that output tax paid by a repayment trader does not fall within section 80 VAT Act 1994.
		Now the legislation is being changed so that such claims will fall within section 80 and therefore subject to the unjust enrichment defence and the three year cap.
	www.pwc.com /uk/eng/ins-sol/topics/budget2005/vat/unjust.html (441 words)

Try your search on: Qwika (all wikis)