Understanding Unjust Enrichment
Unjust enrichment occurs when one person benefits at another's expense without legal justification. This often applies when:
- No valid contract exists, but services were provided
- Payment was made by mistake
- Someone received benefits they weren't entitled to
- Property or money was transferred based on failed conditions
Elements You Must Prove
- The defendant received a benefit
- The benefit was at your expense
- The defendant's retention of the benefit is unjust
- No valid contract covers the situation (or the contract is unenforceable)
Available Remedies
- Restitution of the value received
- Return of specific property or funds
- Payment for services rendered
Tips for Your Demand Letter
Explain the benefit the other party received, how it came at your expense, and why it would be unfair for them to keep it. Quantify the value of the benefit.
Questions About Unjust Enrichment Demand Letters
What is unjust enrichment?
Create a demand letter for unjust enrichment. When someone benefits at your expense without legal justification, you may recover the value they received.
What must I prove in a unjust enrichment claim?
To succeed in a unjust enrichment claim, you must prove: The defendant received a benefit; The benefit was at your expense; The defendant's retention of the benefit is unjust; No valid contract covers the situation (or the contract is unenforceable).
What can I recover?
Available remedies include: Restitution of the value received, Return of specific property or funds, Payment for services rendered.
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