Unjust Enrichment Attorney in Omaha, Nebraska
Unjust enrichment is a legal concept that refers to a situation in which one person is improperly enriched at the expense of another person. This typically occurs when one person receives a benefit that they are not entitled to, or when they retain a benefit that they should have rightfully returned to the person who granted it. In such cases, the law may require the person who was improperly enriched to make restitution, or to return the benefit to the person who granted it.
There are several key elements that must be present in order for a claim of unjust enrichment to be successful. First, there must be a benefit that was received by the defendant. This benefit can take many forms, such as money, property, or services. Second, the benefit must have been received at the expense of the plaintiff. This means that the plaintiff must have suffered some form of loss or disadvantage as a result of the defendant receiving the benefit.
Third, the defendant must have been aware that they were receiving the benefit at the expense of the plaintiff. In other words, the defendant must have known or should have known that they were not entitled to the benefit. Finally, it must be shown that it would be unfair or unjust for the defendant to retain the benefit without making restitution to the plaintiff.
One common example of unjust enrichment is when a person receives a benefit that they are not entitled to because of a mistake. For example, if a bank mistakenly deposits money into a person's account, and the person spends the money before the mistake is discovered, the bank may be able to recover the money through a claim of unjust enrichment. In this case, the benefit would be the money that was mistakenly deposited, the plaintiff would be the bank, and the defendant would be the person who spent the money.
Another example of unjust enrichment is when a person retains a benefit that they should have rightfully returned. For example, if a person borrows a piece of property from another person and then refuses to return it, the owner of the property may be able to recover the property through a claim of unjust enrichment. In this case, the benefit would be the use of the property, the plaintiff would be the owner of the property, and the defendant would be the person who refused to return it.
There are several defenses that a defendant can use to avoid liability for unjust enrichment. One common defense is that the defendant received the benefit as a result of a contract. If the defendant can show that the benefit was received under the terms of a valid and enforceable contract, they may be able to avoid liability. Another defense is that the defendant received the benefit as a gift. If the defendant can show that the benefit was given freely and without any expectation of compensation, they may be able to avoid liability.
Unjust enrichment is a very common cause of action and can be an additional claim in a breach of contract lawsuit. If you have been sued for this type of issue, or would like to make a claim for unjust enrichment, give Joseph D Hall & Associates a call today.