Though contracts are the safest way in which two parties can hold each other accountable for getting a service or work rendered and receiving payment for the service or work performed, not every detail concerning the business transaction will always be included in the contract. However, it is understood or implied that if an individual is receiving unfair compensation, outside of what is mentioned in a contract or lack thereof, for something the other party performed, the individual receiving the benefit owed may still need to pay for the services performed. To do otherwise, would mean that one party would be unjustly enriched, which would be unfair.
Miami Unjust Enrichment Lawyer
What if the other party has not fulfilled a payment to you after services have been performed, and you do not have a written contract? Outside of contractual obligations, if the other party has knowingly benefitted from your work without paying you the fair market value thereof, you may have grounds to file an unjust enrichment claim.
Our attorneys at Abrams Justice can defend your rights during a lawsuit for unjust enrichment. Though the unjust enrichment was not codified by a contract, the right to which you have for compensation may be still be implied in the law.
Our team of attorneys are experienced litigators who can help you pursue damages as a result of another party’s unjust enrichment action. Contact us at (305) 709-0880 for a telephonic consultation. We work with clients in the cities of Miami, Broward, and Palm Beach County.
Unjust Enrichment Information Center
- What is Unjust Enrichment?
- How Do you Prove Unjust Enrichment?
- Compensation for Unjust Enrichment
- Additional Resources
What is Unjust Enrichment?
Unjust enrichment is an act in which one individual knowingly receives a benefit at the expense of another party, and thereafter attempts to avoid payment or compensation for the services, asserting that no contract was entered into.
Even without a contract, under certain circumstances, the indebted party may still have a cause of action for Unjust Enrichment, in order to seek fair compensation for benefits provided to another party.
How Do you Prove Unjust Enrichment?
During a case of unjust enrichment such as Hillman Const. Corp. v. Wainer, 636 So. 2d 576, 577 (Fla. 4th DCA 1994), the following elements are noted, “1) plaintiff has conferred a benefit on the defendant, who knows thereof; 2) defendant voluntarily accepts and retains the benefit conferred; and (3) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.” The value of the benefit can also be regarded as the fair market value of the benefit.
Possible exceptions to an unjust enrichment case can include:
- The plaintiff had gifted the benefit to the defendant.
- The defendant had no other option/choice but to accept the benefit.
Compensation for Unjust Enrichment
The statute of limitations for unjust enrichment considered under a civil action may have a period of four years per 95.11(3)(j) for recovery. During a case, the court will consider the overall circumstances before considering, since there are no specifics written into a contract anywhere. The compensation for damages during an unjust enrichment suit may include restitution for the amount owed to the plaintiff for services performed.
The United States Department of Justice | Quasi-Contractual Claims – The United States Department of Justice gives an overview of quasi-contractual claims, which can include unjust enrichment and their effect on the U.S. government. The page reviews how such types of legal cases may not be brought against the U.S. government; however, the government can pursue a lawsuit against a civilian.
The Florida Bar | Unjust Enrichment – The Florida Bar provides legal information involving all laws in the state of Florida and is made up of all attorneys licensed to the state of Florida. Click more to read pages featuring discourses surrounding the unjust enrichment law in the state.
Attorney for Unjust Enrichment in Miami-Dade County, FL
You may be able to file an unjust enrichment lawsuit, even if you do not have a written contract depending upon the underlying circumstances and the benefit provided.
Our attorneys at Abrams Justice Trial Attorneys can help you evaluate a potential unjust enrichment action.
We work with clients across South Florida. Call (305) 709-0880 to schedule a consultation.