Unjust Enrichment – an unlawful, unjustifiable retention of property, without consent from the transferor(s), for which the beneficiary must make restitution or recompense

unjust enrichment:

1. The retention of a benefit conferred by another, who offered no compensation, in circumstances where compensation is reasonably expected.

2. A benefit obtained from another, not intended as a gift & not legally justifiable, for which the beneficiary must make restitution or recompense.  Unjust enrichment is a basis of a civil liability involving a claim for recovery that sometimes also goes by the name of restitution. Instances of unjust enrichment typically arise when property is transferred by an act of wrongdoing (as by
conversion or breach of fiduciary duty), or without the effective consent of the transferor (as in a case of mistake), or when a benefit is conferred deliberately but without a contract, & the court concludes that the absence of a contract is excusable —as when the benefit was provided in an emergency, or when parties once seemed to have a contract but it turns out to be invalid. The resulting claim of unjust enrichment seeks to recover the defendant’s gains.

3. The area of law dealing with unjustifiable benefits of this kind.

action de in rem verso – an action for unjust enrichment wherein the plaintiff must show that an enrichment was bestowed, that it caused an impoverishment, that there is no justification, and that the plaintiff has no other adequate remedy at law, including no remedy under an express or implied contract.


All material utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6


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