Equity · claim

Elements of Unjust Enrichment

Quick Answer

What are the elements of Unjust Enrichment?

Unjust enrichment is a legal principle requiring a party to compensate another for a benefit conferred, when retention of that benefit would be unjust. It typically arises in situations where there is no formal agreement or where an agreement does not encompass the benefit received.

Required Elements

1. Enrichment

The defendant must have received a benefit or enrichment, whether in the form of money, services, or property.

What to prove: The claimant must demonstrate that the defendant gained something of value.

2. At the Expense of the Claimant

The benefit received by the defendant must be at the expense of the claimant.

What to prove: The claimant must show that they have suffered a loss or detriment as a result of the benefit conferred upon the defendant.

3. Unjust Situation

The retention of the enrichment by the defendant must be unjust or inequitable.

What to prove: The claimant must establish that it would not be fair for the defendant to retain the benefit without compensating the claimant.

Burden of Proof

The burden of proof lies with the claimant, who must establish the elements of unjust enrichment by a preponderance of the evidence.

Available Defenses
  • Consent to the benefit
  • No detriment to claimant
  • Defendant's good faith belief of entitlement
Common Fact Patterns
  • A party mistakenly pays a debt that is not theirs.
  • Services are provided under the assumption of being paid, but the party receiving the services does not compensate.
Exam Tip

Unjust enrichment frequently appears in exam questions involving informal agreements or benefits conferred in mistaken scenarios. Be prepared to analyze the elements and consider the applicability of defenses.

Key Cases
  • Bily v. Arthurs, 3 Cal. 4th 339 (1992)
  • Benson v. State of New York, 236 A.D.2d 925 (N.Y. App. Div. 1997)
  • Pyeatte v. Pyeatte, 170 Ariz. 94 (1991)

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