Questions tagged [unjust-enrichment]

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2 votes
1 answer

About that $100k I need to return

Answers to this question link several other Q&As on the theme that if someone accidentally sends you a pile of money, you need to give it back. Fair enough. If someone sends me $100k accidentally, ...
fectin's user avatar
  • 141
-1 votes
4 answers

Why is it not unjust enrichment to mistakenly fail to cancel a recurrent subscription charge?

Alice accidentally transfers money to Charlotte but had intended to transfer it to herself and has a cause for unjust enrichment against Charlotte because she hadn’t intended to transfer it to her. ...
TylerDurden's user avatar
8 votes
2 answers

Is a mistakenly sent bank transfer a cause for unjust enrichment?

Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden's user avatar
3 votes
1 answer

Is someone under legal obligation to return a wrongfully issued refund?

Suppose someone ordered supplies totaling over $1,000. When he picked up the purchase, he was issued a refund that the order was canceled. He now has all the products he ordered and was not charged. ...
Brandon Kauffman's user avatar
12 votes
3 answers

Do you get to keep a fraudulent money transfer that you are entitled to?

Reading this story got me speculating: TLDR: CitiBank accidentally wired $900m to creditors of a company they ...
Eugene's user avatar
  • 1,992
11 votes
4 answers

Is there a rule of thumb for determining the amount one should accept for a settlement offer in the U.S.?

For this question let's use the amount of $200,000 owed to the plaintiff by the defendant in a breach of contract dispute. Is there a rule of thumb for calculating how much you should accept in a ...
Sizzle's user avatar
  • 643
0 votes
1 answer

Licensing - can any intangible thing of value to which an individual holds exclusive rights be licensed?

Provided an intangible thing is of value and an individual holds the exclusive rights to that thing of value, is there any limitation to what can and cannot be licensed? Can an individual license ...
faustus's user avatar
  • 153
6 votes
2 answers

Did I forfeit the right to my property?

There are 2 parcels of land purchased by different but (family) related parties at the same time. One of the properties (A) contained a well; the other (B) contained the pumps and equipment required ...
Jage's user avatar
  • 161
3 votes
0 answers

In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?

As a follow-up to, suppose there's a high chance that a court would accept that it was NOT ...
cnst's user avatar
  • 5,028
5 votes
1 answer

Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?

Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment. Is the law still confined to an 'unjust factors' approach as ...
T L C's user avatar
  • 51