Unjust enrichment in litigation refers to a legal claim that can be made when one party has been enriched at the expense of another party in a way that is considered unfair or unjust. This typically occurs when one party has received a benefit that they were not entitled to, and that benefit was obtained at the expense of another party.
To prove unjust enrichment in litigation, the plaintiff must typically demonstrate the following elements:
- The defendant received a benefit: The plaintiff must show that the defendant received a benefit or enrichment, such as money, property, or services.
- The benefit was at the plaintiff’s expense: The plaintiff must show that the benefit was obtained at their expense, either through direct payment or by the loss of a valuable asset or opportunity.
- The defendant’s retention of the benefit is unjust: The plaintiff must show that the defendant’s retention of the benefit is unjust or unfair, such as when the benefit was obtained through fraud, duress, or mistake.
- There is no legal basis for the defendant’s retention of the benefit: The plaintiff must show that there is no legal basis for the defendant’s retention of the benefit, such as a contract or other agreement that would justify the retention of the benefit.
If these elements can be proven, the plaintiff may be entitled to a remedy, such as restitution or the return of the benefit to the plaintiff. Unjust enrichment claims can be complex and fact-specific, and it is recommended to seek the advice of an attorney with experience in litigation and contract law to assist with pursuing such a claim
