5): Unjust Enrichment

Question 1

What is restitution?

Answer 1

equitable remedy available for where there has been unjust enrichment

applied where no contract exists/ where there is no longer any obligation to perform under a contract

Question 2

What is the aim of restitution?

Answer 2

not a remedy for breach of contract

person is required to return money/benefits they unfairly gained at another’s expense.

Question 3

What are the main elements of restitutionary claims?

Answer 3

Has the defendant been unjustly enriched?

Was the enrichment at the claimant’s expense?

Was the enrichment unjust?

Are there any defences?

Question 4

What are the 3 main areas where restitution is claimed?

Answer 4

Total Failure of Consideration – One party provided a benefit but received nothing in return.

Partial Failure of Consideration – A partial benefit was received, so restitution is not allowed (damages should be sought instead).

Compensation for Work Done – A claim for a reasonable sum where work was completed but no contract was formed.