What Is Unjust Enrichment In Commercial Law?
Unjust enrichment is a cause of action by the courts to make things right, according to what is in the contract between the two parties. If there is no contract, in certain cases, New York courts will basically create an obligation, although it isn’t a contractual obligation. Basically, whenever one party has bestowed on the other party a benefit, without adequately compensating that party for the benefit, the courts will find an unjust enrichment action.
Unjust enrichment also covers situations which are known as quantum meruit, where a party has been engaged to provide a certain service and there is no specific contract, but they’ve accepted the benefits of that service. Another instance where unjust enrichment has been recognized is where one party’s property is wrongfully taken or converted by a third party and given to someone else. The person who receives that property has an obligation by law to return the property. They can even be compelled to pay for the value of the property they received. Our New York City commercial lawyers have handled numerous unjust enrichment cases in the New York Courts.
What Should I Prove To Succeed On A Breach Of Contract Claim?
A breach of contract is any failure of a party to comply with a contractual obligation. The first thing to prove is the presence of a contract. A contract does not always have to be in writing. There has to be some sort of exchange of value and both parties have to agree to it. Agreement can be shown in exchanges of emails, exchanges of faxes, or any exchange that basically confirms to court the core terms of the agreement.
To prove a breach of contract, the party suing has to prove that there was an agreement, that the other party breached it, that the party suing performed their obligations under the agreement. Additionally, to establish a breach of contract case, the measure of damages, or what you are owed needs to be established. Our New York City breach of contract lawyers have handled breach of contract cases in the New York State Courts for decades.
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