What is the test for an individual to be liable for unjust enrichment and/or unjust enrichment in a claim against the other party?

federal, United States of America

The following excerpt is from Burdette v. Emerald Partners, LLC (In re Cascade AG Servs., Inc.), Adv. No. 15-01060-MLB, BAP No. WW-17-1006-BKuF, BAP No. WW-17-1007-BKuF (Cross-Appeals) (B.A.P. 9th Cir. 2017):

"A person can be enriched by merely receiving a benefit. However, the mere fact that a person benefits another is not sufficient to require the other to make restitution. It is well established that unjust enrichment and liability only occur where money or property has been placed in a party's possession such that in equity and good conscience the party should not retain it." Lynch v. Deaconess Med. Ctr., 113 Wash. 2d 162, 165-66 (1989) (internal citations omitted). To be unjust as between the two parties, the party conferring the benefit must not be a volunteer. Id. at 165 (the enrichment of the defendant must be unjust and the plaintiff cannot be a mere volunteer).

Other Questions


How have courts dealt with claims of breach of warranty, negligent misrepresentation, false advertising and unjust enrichment claims? (MultiRegion, United States of America)
Is a claim for unjust enrichment a separate, stand-alone claim? (MultiRegion, United States of America)
What are some cases where a party has been successful in claiming to be able to exclude or amend a party's statement of claim? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
What is the impact of agency work performed by a solicitor on a party-and-party costs claim? (Canada (Federal), Canada)
In a diversity action, in what circumstances can the opposing parties claim attorney's fees for the prevailing party? (MultiRegion, United States of America)
Does the district court abuse its discretion in denying plaintiffs leave to file a fourth amended complaint in order to reinstate an unjust enrichment claim? (MultiRegion, United States of America)
Does a party who is not a party to a contract have standing to bring a tort claim? (MultiRegion, United States of America)
If a plaintiff loses a claim against the municipality on the merits of their constitutional claim, can the municipality still be liable? (MultiRegion, United States of America)
Is there any case law in which a jury has found that the non-moving party has a valid claim against the moving party? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.