Unjust enrichment

Question 1

Restitution?

Answer 1

no contract exists OR where there is no longer any obligation to perform under a contract.

Question 2

Remedy available? where there has been unjust enrichment.

Answer 2

Equitable remedy

Question 3

Restitution seeks…

Answer 3

the return of money paid OR benefit conferred where performance hasn’t been received
AND
Therefore, other party shouldn’t be unjustly enriched at the other party’s expense.

Question 4

Restitution is not a claim for damages BUT claim to…

Answer 4

recover money unfairly received.

Question 5

4 main elements of restitutionary claims?

Answer 5

• Has defendant been unjustly enriched?
• Was the enrichment at the claimant’s expense?
• Was the enrichment unjust?
  AND
• Are there any defences?

Question 6

Three main areas where restitution is claimed include:

Answer 6

• Total failure of consideration under a contract – one party has provided a benefit BUT received nothing in return.
• Partial failure of consideration under a contract – partial failure of consideration since some benefit has been received.
  parties should seek damages.
• Compensation for work done – person may make a restitution claim for a reasonable sum for work completed where a contract never formed BUT work has been done.