Unjust Enrichment – It’s Just Like It Sounds

Keppra buy fast Did someone make money off of you unfairly?  You may have a cause of action (claim) for unjust enrichment.  

“A person is unjustly enriched when retention of the benefit received would be unjust considering the circumstances of the transfer and the relationship of the parties.” Hornett v. Leather, 145 A.D.2d 814, 816 (3d Dept. 1988) (citing, McGrath v. Hilding, 41 N.Y.2d 625, 629 [1977]. “It does not require a showing of a wrongful act by the person enriched.” Simonds v. Simonds, 45 N.Y.2d 233, 242(1978).

where can i buy hyaluronic acid for my face An action to recover for unjust enrichment rests upon the equitable principle that a person shall not be allowed to enrich himself or herself unjustly or at the expense of another, Miller v. Schloss, 218 N.Y. 400, 407, 113 N.E. 337 (1916), and sounds in restitution or quasi-contract, Edelman v. Starwood Capital Group, LLC, 70 A.D.3d 246, 250, 892 N.Y.S.2d 37 (1st Dept. 2009). A benefit conferred under a contract unenforceable under the Statute of Frauds may be recovered in quasi contract if the other party is in default, Harmon v. Alfred Peats Co., 243 N.Y.473, 154 N.E. 314 (1926); Galvin v. Prentice, 45 N.Y. 162 (1871).
When property has been acquired in such circumstances that the holder of legal title may not in good conscience retain the beneficial interest, equity converts him to a trustee.” Beatty v. Guggenheim Exploration Co., 225 N.Y. 380, 122 N.E. 378 (1919). “A court of equity in decreeing a constructive trust is bound by no unyielding formula. The equity of the transaction must shape the measure of the relief.” Id.

 

follow If you have any legal questions or need help with unjust enrichment, please contact Attorney Scott Lanin at (212) 764-7250 x 201 or use the contact form in the right sidebar.

 

This entry was posted in NY Business Litigator Blog / NY Real Estate Litigator Blog. Bookmark the permalink.

Leave a Reply

Your email address will not be published.

* Copy this password:

* Type or paste password here:

20,052 Spam Comments Blocked so far by Spam Free Wordpress