Unjust Enrichment - United States

United States

The Restatement (Third) of Restitution and Unjust Enrichment states that:

Unjust enrichment is enrichment that lacks an adequate legal basis: it results from a transfer that the law treats as ineffective to work a conclusive alteration in ownership rights."

The North Dakota Supreme Court has ruled that five elements must be established to prove unjust enrichment:

  1. An enrichment
  2. An impoverishment
  3. A connection between enrichment and the impoverishment
  4. Absence of a justification for the enrichment and impoverishment
  5. An absence of a remedy provided by the law

In Massachusetts, there are some decisions denying recovery in restitution by the breaching party although this is not generally the rule in the United States.

Read more about this topic:  Unjust Enrichment

Famous quotes related to united states:

    “The United States is a republic, and a republic is a state in which the people are the boss. That means us. And if the big shots in Washington don’t do like we vote, we don’t vote for them, by golly, no more.”
    —Willis Goldbeck (1900–1979)

    “What makes the United States government, on the whole, more tolerable—I mean for us lucky white men—is the fact that there is so much less of government with us.... But in Canada you are reminded of the government every day. It parades itself before you. It is not content to be the servant, but will be the master; and every day it goes out to the Plains of Abraham or to the Champs de Mars and exhibits itself and toots.”
    —Henry David Thoreau (1817–1862)

    “In the United States there’s a Puritan ethic and a mythology of success. He who is successful is good. In Latin countries, in Catholic countries, a successful person is a sinner.”
    —Umberto Eco (b. 1932)

    “In the United States, though power corrupts, the expectation of power paralyzes.”
    —John Kenneth Galbraith (b. 1908)

    “In the United States all business not transacted over the telephone is accomplished in conjunction with alcohol or food, often under conditions of advanced intoxication. This is a fact of the utmost importance for the visitor of limited funds ... for it means that the most expensive restaurants are, with rare exceptions, the worst.”
    —John Kenneth Galbraith (b. 1908)