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Unjust Enrichment Claims When a Contract Exists

To win on a claim for unjust enrichment, a plaintiff needs to demonstrate that (1) the defendant was enriched by the receipt of a benefit, (2) the enrichment was at the expense of the plaintiff and (3) that it would be unjust to allow the defendant to retain the benefit.¬†Damon v. City of Kansas City, […]

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Quantum Meruit versus Unjust Enrichment

Although the two are often confused and melded together, quantum meruit and unjust enrichment are distinct legal theories which can form the basis for a lawsuit. In practice, they are often pleaded and argued together; however, they have different measures of damages.¬† Quantum meruit requires that the plaintiff prove: (1) he provided the defendant with […]

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Attorney Lien Enforcement

Attorneys are not immune from having a client that fails to pay a bill. In Missouri, an attorney must either typically file an independent suit for breach of contract, suit on account, unjust enrichment etc. to recover any unpaid legal services or file a motion to enforce an attorney lien. The latter is much more […]

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Restitution, Unjust Enrichment, Breach of Contract

Restitution/unjust enrichment are legal theories and causes of action which simultaneously act as a sort of “catch all” in litigation and a safeguard against inequities. For example, assume that you enter into what you believe to be a valid contract with another individual. You perform exhaustive amounts of services for the other individual under the […]

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Restitution, Unjust Enrichment, Breach of Contract

Unlike a Breach of Contract case — which, as you can surely guess, requires the existence of an enforceable contract — a restitution/unjust enrichment claim does not require a contract. Unjust enrichment occurs legally when one person/entity is unfairly enriched at the expense of another, thereby creating an obligation to compensate the other for the […]

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