Also known as: unjust enrichment · unjust enrichments · unjust enrichment doctrines · restitution · quasi-contract
Written by attorneys · grounded in primary & secondary sources — see below
A principle requiring restitution when one party receives a benefit at the expense of another without legal justification.
MetroProperty signed a two-year lease on Arun's condominium without authority and collected the first month's rent from the Lopez family. Arun immediately objected upon learning of the lease and demanded the family vacate. The family had occupied the unit for two months before leaving. Arun may recover the reasonable value of their use and occupation under the unjust enrichment doctrine even though no valid lease bound him.
Vincent and Xena held their home as tenants by the entirety while divorce proceedings remained pending. Vincent executed a will leaving the home to his brother Dennis. Vincent died before any decree severed the tenancy. Xena receives title by operation of law because no evidence shows she engaged in wrongful conduct or received unjust enrichment that would support a constructive trust.
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Ulysses Ulrich and Upstream Petroleum entered a contract to sell mineral rights based on a shared mistaken belief about the size of the reserve. The mistake materially affected the exchange of performances. The adversely affected party may avoid the contract and recover in restitution for benefits conferred, measured as justice requires under the unjust enrichment doctrine.
Umeko Uchida granted a servitude over her land to United Bank for access to a neighboring parcel. The bank later refused to maintain the access road as required. A court may award restitution among other remedies after weighing the nature of the servitude, the parties' conduct, and the fairness of enforcement to prevent unjust enrichment of either party.
Ulric Unger promised to marry Uma Underwood and she incurred substantial wedding preparation expenses in reliance. Most states have abolished the action, but where retained the recovery is limited to actual expenditures and does not extend to expected social position. The quasi-contract aspect prevents unjust enrichment by requiring return of benefits conferred in contemplation of the marriage.
A lawyer learned from a client that another attorney had misappropriated client funds and entered a private restitution agreement to keep the matter quiet. The reporting duty under the rules of professional conduct remains mandatory. The client's desire for confidentiality and the existence of the restitution agreement do not override the obligation or prevent unjust enrichment through concealment of serious misconduct.
Retention creates unjust enrichment only when the surviving spouse engages in wrongful conduct such as fraud or deliberate delay that undermines the decedent's intent. Absent such conduct, survivorship rights prevail even if divorce negotiations were pending and a will attempted to redirect the property.
The measure accounts for any relief by way of reformation or restitution and restores the parties to their pre-contract positions to the extent justice requires.
No. The reporting obligation under rules modeled on Model Rule 8.3 continues even when the client requests silence and a restitution agreement exists, because the information is not confidential under Rule 1.6.
…public policies that are furthered by its assertion of jurisdiction. First, the State has a substantial interest in providing restitution for its local corporations that allegedly have been victimized by fiduciary misconduct, even if the managerial decisions occurred outside the State. The importance of this general state…