Can a contract be used as a juristic reason sufficient to defeat a claim of unjust enrichment?
British Columbia, Canada
The following excerpt is from North Star Grill Ltd. v. Mundi North Enterprises Ltd., 2020 BCPC 243 (CanLII):
In Tyk v. Graham, 2017 BCSC 920, Justice Kelleher discussed the circumstances in which a contract can serve as a juristic reason sufficient to defeat a claim of unjust enrichment at para. 101:
While the existence of a contract can be a sufficient juristic reason for enrichment, the benefit obtained must be within the scope of the contract. This was noted by Myers J. in Noh v. Plaza 88 Developments Ltd., 2010 BCSC 1491, aff'd 2011 BCCA 461, as follows:
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the limitation period for a plaintiff to claim after furnishing reasonably sufficient proof of loss for claim? (British Columbia, Canada)
What is the test for considering unjust enrichment in the context of a claim for equitable enrichment? (British Columbia, Canada)
Can a contract be used as a juristic reason for enrichment? (British Columbia, Canada)
Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the test for a claim for unjust enrichment in the context of an occupation rent claim? (British Columbia, Canada)
Is sufficient reason a sufficient reason to deny liability? (British Columbia, Canada)
What is the test for a juristic reason in a claim for wrongful enrichment? (British Columbia, Canada)
What are some examples of unjust enrichment where a court found unjust enrichment when a plaintiff removed her elderly mother from Canada to live with her in Guatemala? (British Columbia, Canada)
What is the test for an unjust enrichment claim in a matrimonial relationship? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
