The Doctrine of
Unjust Enrichment : Explained

The doctrine of unjust enrichment is a legal concept that arises when one party benefits at the expense of another without proper justification. Let’s delve into the key aspects of this doctrine:


Unjust enrichment occurs when someone gains an advantage or enrichment due to chance, mistake, or unfair circumstances, without having earned it. The law considers such enrichment to be unjust, and it demands that the enriched party make restitution to the injured party.

  • Imagine Annie takes her two dogs to a groomer for clipping and cleaning.
  • The groomer successfully services the first dog but fails to attend to the second dog due to time constraints.
  • If the groomer receives payment for both dogs but only services one, it would be unjust enrichment.
  • Similarly, if Annie pays for both dogs but only receives services for one, she would also be unjustly enriched.
  • In this scenario, Annie could seek restitution (i.e., a refund) for the service she paid for but didn’t receive.

    • 03.Elements of Unjust Enrichment:
  • Consideration : There must be some form of consideration (e.g., payment or property transfer) between the claimant and the defendant.

  • Unjust Factor : An unjust factor must exist that undermines the claimant’s initial good-faith business dealings with the defendant. Unjust enrichment typically arises in breach of contract cases, personal injury matters, or criminal violations.

    • 4.Remedies:
  • When unjust enrichment is proven, the court may order restitution or compensation.

  • Restitution aims to restore the injured party to their original position before the unjust enrichment occurred.

  • Compensation may involve monetary payment or other remedies to address the unfair benefit received by the enriched party.

    Remember that unjust enrichment seeks to rectify situations where one party gains unfairly at the expense of another, ensuring equity and fairness in legal matters