Restitution for Unjust Enrichment

In some cases the parties are unable to sue on a contract either because there is no contract or perhaps because it is invalid. Unless there is a law that forbids that type of arrangement it may be possible to bring a claim otherwise than in reliance upon a contract on the basis of there being a need for restitution to prevent the defendant from being unjustly enriched.

Let Us Help You:-

• understand the requirements for unjust enrichment which often involve the defendant receiving something from the plaintiff at the plaintiff's expense in circumstances where it would be unjust for the defendant to retain that benefit;
• appreciate when it will be important for you to show that there is a total failure of consideration;
• consider the type of defences that may be relied upon such as a change in position, election, delay and so on;
• know that in some cases your case should be pleaded in the alternative to rely upon a restitutionary remedy in the event that your contractual claim fails to succeed.

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