Restitution, Unjust Enrichment

Unjust enrichment is a commonly litigated claim. However, it can be difficult to present to a jury or jury. Unjust enrichment requires a showing that there was a (1) benefit conferred upon the defendant by the plaintiff, (2) appreciation of the benefit by the defendant, and (3) acceptance and retention by the defendant of that benefit which is unjust and/or inequitable. The third element is vague and uncertain in that it is not black and white.

Unjust enrichment is a type of restitution. Moreover, the “right to restitution based upon unjust enrichment is not confined by the form of action or by the traditional limits of law or equity jurisdiction.” Petrie v. LeVan, 799 S.W.2d 632, 635 (Mo. Ct. App. 1990). It stands separate from contract and tort. Id.

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