NH Law About ...: Unjust Enrichment: Read About The Law ...

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Introduction

Unjust enrichment is where one person receives a benefit or financial advantage that he or she did not earn or deserve at the expense or disadvantage of someone else. Unjust enrichment is a common law (judicially-created) rule which is based in equity and which promotes fairness in the resolution of cases.

Online

Cornell Legal Information Institute. Unjust enrichment
"Unjust enrichment occurs when Party A confers a benefit upon Party B without Party A receiving the proper restitution required by law. [...] Unjust Enrichment is distinguished from a gift, as a gift is given without the reasonable expectation of receiving something in return. As such, when Party A gives Party B a gift, Party A has no legal recourse to receive something in return."
Cornell Legal Information Institute. Quantum Meruit
"Quantum meruit is Latin for "as much as one has deserved." Quantum meruit is an equitable remedy that provides restitution for unjust enrichment, often employed in contract law."
Corpus Juris Secundum. Implied Contracts
"The theory of unjust enrichment requires that a person who has been unjustly enriched at the expense of another must make restitution to the other even if no contract between the parties itself expresses or implies such a duty." Sign up for Westlaw (below) to read the rest of this article.
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Print

Law of Remedies, Damages, Equity, Restitution by Dan Dobbs; Caprice Roberts
Call Number: KF9010 .D6 2018
ISBN: 9780314267597
Publication Date: 2018
"The word restitution means restoration. Restitution is a return or restoration of what the defendant has gained in a transaction. It may be a return of a specific thing or it may be a "return" of a money substitute for that thing." Chapter 4, Restitution
Remedies in a Nutshell by William Tabb; Rachel Janutis
Call Number: KF9010 .T33 2021
ISBN: 9781647082208
Publication Date: 2021
"The underlying policy of restitution is to prevent the unjust enrichment of a party who has received a benefit that in equity and good conscience should not be retained." Chapter 16, Unjust Enrichment
Restatement of the Law Third: Restitution and Unjust Enrichment by American Law Institute
Call Number: KF395.R513 A7 2011
ISBN: 9780314929624
Publication Date: 2011
"Restitution is the law of nonconsensual and nonbargained benefits in the same way that torts is the law of nonconsensual and nonlicensed harms. Both subjects deal with the consequences of transactions in which the parties have not specified for themselves what the consequences of their interaction should be. The law of torts identifies those circumstances in which a person is liable for injury inflicted, measuring liability by the extent of the harm; the law of restitution identifies those circumstances in which a person is liable for benefits received, measuring liability by the extent of the benefit." Chapter 1, General Principles
Understanding Remedies by James M. Fischer
Call Number: KF9010 .F57 2014
ISBN: 9780769896731
Publication Date: 2014
"Unjust enrichment and restitution are .... terms of some indeterminancy and open-endedness. And while both exist outside tort and contract, they also exist within those harm-based doctrines." Chapter 5, General Principles Governing Restitution.

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