What Is Unjust Enrichment?
Unjust enrichment is a legal principle that prevents one party from unfairly keeping a benefit received at another's expense when there is no contract requiring payment. Where a person receives and retains a benefit that, in fairness, they should pay for, the law can require them to return its value. It is the foundation of "quasi-contract" — an obligation imposed by law rather than by agreement.
What a Florida Plaintiff Must Show
- The plaintiff conferred a benefit on the defendant
- The defendant knew of and voluntarily accepted the benefit
- It would be inequitable for the defendant to keep the benefit without paying for it
An Important Limit
Unjust enrichment is an equitable, gap-filling remedy. Florida courts generally will not allow an unjust-enrichment claim where an express contract already governs the same subject — the contract controls. Recovery is measured by the value of the benefit conferred (restitution), not by the profit the plaintiff expected. It is commonly pleaded as an alternative to a breach-of-contract claim, in case no enforceable contract is found.
Related Terms
- Quasi-Contract — The remedy that enforces unjust enrichment
- Breach of Contract — The alternative when a real contract exists
- Consideration — Absent in unjust-enrichment situations
Barnes Walker Litigation
Barnes Walker's litigation attorneys pursue and defend unjust-enrichment and restitution claims in Florida disputes. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC