Written by attorneys · grounded in primary & secondary sources — see below
An adjective characterizing a result or enrichment that contravenes principles of fairness and equity. It identifies circumstances in which one party obtains a benefit at another's expense without legal or moral justification, triggering restitutionary remedies to restore balance.
Sources & Authorities
How it applies
Common Examples
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Indemnity Between Tortfeasors
Ulysses Ulrich and Umeko Uchida were both held liable in tort for the same injury to a third party. Ulysses paid the full judgment. Because Umeko would retain the benefit of that payment without contributing, equity requires her to indemnify Ulysses to avoid unjust enrichment at his expense.
Survivorship and Will Attempt
Ursula Ung and Ulysses Usher held their home as tenants by the entirety. While divorce proceedings were pending, Ursula executed a will devising the house to a third party. Upon Ursula's death the title passed by operation of law to Ulysses. Equity refused to impose a constructive trust because no wrongful conduct or unjust enrichment occurred.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Ugo Uberti obtained a permit and spent substantial sums constructing a commercial building in reliance on existing zoning. The municipality later rezoned the parcel to residential use. Depriving Ugo of the right to complete the project would be inequitable, so the vested-rights doctrine protects the development against the new restriction.
Misappropriation of Identity
Una Unger discovered that Ultimate Solutions had used her name and life story in an advertising campaign without permission. The company profited from the unauthorized exploitation. The court held that the commercial use unjustly exploited Una's identity and imposed liability for misappropriation.
Expert Testimony Reliability
Ulysses Ulrich offered scientific evidence linking a pharmaceutical product to birth defects. The court applied reliability standards to determine whether admitting the testimony would produce unjust results by allowing recovery without adequate proof of causation.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Constitutional Limits on Legislation
Umeko Uchida challenged a state statute restricting access to contraceptives. The Court recognized that laws may be unjust or unwise yet still constitutional, and therefore declined to invalidate the measure solely on grounds of perceived unfairness.
Griswold v. Connecticut381 U.S. 479 (1965)
Common questions
Frequently Asked
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What remedy follows when one tortfeasor discharges a joint liability and the other would be unjustly enriched?+
The discharging tortfeasor is entitled to indemnity from the other when the discharge prevents unjust enrichment at the indemnitee's expense.
Supporting sources
Does a will control property held in tenancy by the entirety when the testator attempts to devise it to a third party?+
No. Title passes by operation of law to the surviving spouse absent wrongful conduct or unjust enrichment that would justify a constructive trust.
Supporting sources
When does a landowner acquire a vested right against a later rezoning?+
A landowner acquires a vested right when substantial expenditures are made in good-faith reliance on a permit or existing zoning such that depriving the right would be inequitable.
Supporting sources
What conduct gives rise to liability for misappropriation of name or likeness?+
Unauthorized commercial use of a person's identity that unjustly exploits the plaintiff's name or life story creates liability even without defamation.
Supporting sources
How does the concept of unjust results affect the admission of expert testimony?+
Courts apply reliability standards to avoid unjust results that would permit recovery without adequate proof of causation.
Supporting sources
May courts invalidate legislation solely because it is unjust or unwise?+
No. Laws may be unjust or unwise yet remain constitutional. Invalidation requires a showing that the measure violates a constitutional provision.
Supporting sources
381 U.S. 479 (1965)Constitutional Law
…constitutional rights. There was weight in this observation; but this power of the Judges did not go far enough. Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect. Let them have a share in the Revisionary…