Also known as:unjust enrichment · unjustly enrich · unjustly enriching
Written by attorneys · grounded in primary & secondary sources — see below
A condition in which one party has received a benefit at the expense of another without legal justification. Equity requires restitution to restore the parties to their prior positions.
Sources & Authorities
How it applies
Common Examples
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Restoration of Equipment
Ulrike Ulrich transferred specialized machinery to Ultimate Solutions under a contract later rescinded for mutual mistake. The company retained the equipment after the rescission. A court orders return of the specific machinery to Ulrike to restore the parties.
Indemnity for Vicarious Liability
Usman Uddin hired Ultra Precision to install wiring. A subcontractor's negligence caused a fire. Usman paid the full judgment to the building owner. Usman then recovers the entire amount from Ultra Precision because its liability was only vicarious.
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Cases
Uniform Acts
Restatements
Casebooks
Hornbooks
Study Supplements
Ursula Ung and Umar Usmani held their home as tenants by the entirety. Umar executed a will leaving his interest to a third party during pending divorce proceedings. Upon Umar's death the home passes to Ursula by operation of law with no constructive trust imposed.
Monetary Award for Services
Usha Upton performed emergency repairs on Uptown Apparel's factory equipment without a contract. The company accepted the benefit and resumed operations. A court awards Usha the reasonable value of the repairs to prevent the company's retention of the benefit without payment.
Gift Precludes Recovery
Ursula Ureña voluntarily upgraded Unity Capital's software system as a favor to a former colleague. The company later promised payment. Because the upgrade was conferred as a gift, the company has not been unjustly enriched and the promise is unenforceable.
Implied Contract in Cohabitation
A couple lived together for years while one partner managed the household and supported the other's career. Upon separation the supporting partner seeks half the accumulated assets. The court recognizes an implied agreement to share property to avoid unjust enrichment from the years of uncompensated contributions.
Hewitt v. Hewitt394 N.E.2d 1204 (Ill.1979)
Common questions
Frequently Asked
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When does payment of a shared tort judgment support full indemnity rather than contribution?+
Indemnity is available when one party's liability is purely vicarious and the other is primarily at fault. The paying party recovers the full amount because the primary wrongdoer would otherwise retain the benefit of having its liability discharged at another's expense.
Supporting sources
Does a promise made in recognition of a prior benefit always create an enforceable obligation?+
No. The promise is not binding if the benefit was conferred as a gift or if the value of the promise is disproportionate to the benefit received. These limits prevent enforcement that would exceed the scope of any unjust enrichment.
Supporting sources
When will equity refuse to impose a constructive trust on jointly held property despite a will directing otherwise?+
Equity will not impose a constructive trust absent wrongful conduct or unjust enrichment. Title passes by survivorship when the tenancy remains intact at death, and a will cannot override that result without additional equitable grounds.
Supporting sources
What remedy does a court award when a specific item must be returned to prevent unjust enrichment?+
The court orders restoration of the specific thing itself rather than a monetary substitute. This remedy directly reverses the transfer that left one party with property belonging to another.
Supporting sources
394 N.E.2d 1204 (Ill. 1979)Family Law
…because plaintiff has relied to her detriment on defendant’s promises and devoted her entire life to him, defendant has been unjustly enriched. The factual background alleged or testified to is that in June 1960, when she and defendant were students at Grinnell College in Iowa, plaintiff became pregnant; that defendant thereafter…