Also known as:enrich · enriches · enriched · enriching · enrichments · unjust enrichment
Written by attorneys · grounded in primary & secondary sources — see below
The receipt of a benefit by one party at the expense of another. Retention of the benefit supports restitution when it would be unjust to allow the recipient to keep the advantage without compensating the provider.
Sources & Authorities
How it applies
Common Examples
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Restoration of Equipment After Tower Repair
Emmett Egan spent four days reconfiguring Oak Broadband's cell tower equipment after repeated outages. The work restored service to thousands of customers and produced measurable revenue gains for the company. A court orders return of the specific equipment reconfiguration to prevent Oak Broadband from retaining the benefit without compensating Emmett.
Indemnity Between Joint Tortfeasors
Eduardo Enriquez and Echelon Security were both held liable for the same harm to a third party. Eduardo paid the full judgment. A court requires Echelon to indemnify Eduardo because Echelon would otherwise retain the benefit of the discharged liability without contributing its share.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Restatements
Dictionaries
Survivorship Title After Divorce Filing
Elliot Edmonds executed a will attempting to leave the marital home to a third party while divorce proceedings were pending. Title to the home was held in tenancy by the entirety. Upon Elliot's death the surviving spouse receives the property by operation of law, and equity refuses to impose a constructive trust absent any showing of wrongful conduct or unjust enrichment.
Monetary Award for Services Rendered
Esther Eisenberg performed network reconfiguration work that produced concrete economic gains for Equinox Energy. The company later refused payment. A court awards Esther a sum of money measured by the value of the benefit received to prevent the company from retaining that value without compensation.
Promise Recognition of Prior Benefit
Eric Espinoza voluntarily repaired equipment for Empire Logistics without any prior request for payment. Empire later promised compensation in recognition of the work performed. The promise is not binding to the extent Eric conferred the benefit as a gift, leaving Empire without unjust enrichment.
Right of Publicity Broadcast
Edith Eberhardt performed a human cannonball act at a county fair. A television station broadcast the entire performance without consent. The broadcast allowed viewers to see the act without paying admission, depriving Edith of the economic value of exclusive control over publicity for her performance.
Zacchini v. Scripps-Howard Broadcasting Co.433 U.S. 562 (1977)
Common questions
Frequently Asked
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When does receipt of a benefit support a restitution claim?+
A party who receives a measurable economic benefit at another's expense must make restitution when retention would be unjust. Courts measure recovery by the value of the benefit conferred rather than any promise or loss suffered by the provider.
Supporting sources
Does a prior pattern of gratuitous acts bar recovery for later similar services?+
A history of performing similar work without payment may indicate the later benefit was conferred as a gift. If the recipient was not unjustly enriched, any subsequent promise of compensation is not binding under the rule that treats gratuitous benefits as outside the scope of unjust enrichment.
Supporting sources
How does unjust enrichment interact with indemnity between joint tortfeasors?+
When one tortfeasor discharges a shared liability, indemnity is available if the other would otherwise retain the benefit of that discharge without contributing its share. The rule prevents one party from being unjustly enriched at the expense of the paying tortfeasor.
Supporting sources
Can a will override survivorship rights to prevent unjust enrichment?+
A will cannot dispose of property held in tenancy by the entirety or joint tenancy with right of survivorship. Equity will not impose a constructive trust to redirect title to a third party named in the will absent wrongful conduct or unjust enrichment by the surviving spouse.
Supporting sources
478 U.S. 186 (1986)Constitutional Law
…one's identity that is central to any concept of liberty" cannot truly be exercised in a vacuum; we all depend on the "emotional enrichment from close ties with others." Ibid. Only the most willful blindness could obscure the fact that sexual intimacy is "a sensitive, key relationship of human existence, central to family…