Unjust Enrichment

Do you believe someone has been unjustly enriched at your expense? Call us at (216) 815-9500 or submit this form and one of our attorneys will contact you for a free consultation.

NOTE: The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Unjust enrichment stems from the tenet that no one should be allowed to profit at another’s expense in circumstances which suggest mistake, fraud, illegality or bad faith.  Unjust enrichment claims may exist with or without a contract between the parties.  While an unjust enrichment claim does not require that the parties have a contract, such a claim can exist along with a contract if there is fraud, bad faith or illegality by a party to the contract.  Unjust enrichment and breach of contract claims can be pursued in the same lawsuit. 

The elements of unjust enrichment exist if:  1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.

An example of unjust enrichment occurs when a homeowner makes pays a contractor to install a patio and outdoor kitchen.  After the installation is complete, the homeowner discovers while registering the new outdoor appliances for warranties that the contractor had installed used appliances without the homeowner’s permission.  The homeowner would be entitled to recover the amount by which the contractor was “unjustly enriched,” or the money paid to the contractor but not spent on new appliances. 

Please contact us if you feel someone has been unjustly enriched at your expense.