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…
Legal Articles
Money Had and Received — Equity, Restitution
Money had and received is a an equitable claim. Newco Land Co. v. Martin, 213 S.W.2d 504, 510 (1948). It applies whenever one has money in his/her possession which belongs to another, and which, in equity and good conscience, the other should pay over. Brandkamp v. Chapin, 473 S.W.2d 786, 788 (Mo. Ct. App. 1971). The claim…
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…
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…