Determination of Liability
| Contract law |
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| Part of the common law series |
| Contract formation |
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| Defenses against formation |
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| Contract interpretation |
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| Excuses for non-performance |
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| Rights of third parties |
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| Breach of contract |
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| Remedies |
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| Quasi-contractual obligations |
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| Implied In Fact Contracts |
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| Related areas of law |
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| Other common law areas |
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Liability under the principle of unjust enrichment is wholly independent of liability for wrongdoing. Claims in unjust enrichment do not depend upon proof of any wrong. However, it is possible that on a single set of facts a claim based on unjust enrichment and a claim based on a wrong may both be available. A claim based on unjust enrichment always results in an obligation to make restitution. A claim based on a wrong always results in an obligation to make compensation but may additionally result in an obligation to make restitution. For discussion of restitution for wrongs, see the page on restitution.
At common law, a claim based on unjust enrichment can be submitted to five stages of analysis. These can be summarized in the form of the following questions:
- Was the defendant enriched?
- Was the enrichment at the expense of the claimant?
- Was the enrichment unjust?
- Does the defendant have a defense?
- What remedies are available to the claimant?
Read more about this topic: Unjust Enrichment
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