How To Win New York Unjust Enrichment Claims

What are unjust enrichment claims?

In contract law, an unjust enrichment claim happens when one party gains a benefit at the expense of another party. Unlike other causes of action, unjust enrichment does not require the plaintiff to prove that the defendant acted with intention. Likewise, they do not have to prove that the defendant acted wrongly either.

To successfully prove an unjust enrichment claim the plaintiff must ask the following questions:

1. Was the defendant was enriched?
2. Was this enrichment was at the expense of the plaintiff?
3. Was the enrichment unjust?
4. Does the defendant have a defense against the claim?
3. And, is the defendant is obligated, in good conscience, to make restitution if found to have be unjustly enriched at the expense of the plaintiff?

One final note, a plaintiff cannot make both a claim for unjust enrichment as well as a claim for breach of contract at the same time, the court will only accept one or the other.

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