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Unjust Enrichment


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This Slideshare presentation describes what type of claim unjust enrichment is and what it means.

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Unjust Enrichment

  1. 1. Unjust Enrichment
  2. 2. • Unjust enrichment occurs when a person unfairly receives a benefit at the expense of another person, and there is no “juristic reason” for that benefit. • It is based upon the concept that a person should not be able to keep a benefit received from another when it is against conscience for him or her to keep the benefit. Definition and Terminology
  3. 3. • In Canada, a person must prove three critical components to support a claim of unjust enrichment: 1. that the defendant received a benefit; 2. that the claimant suffered a loss or deprivation that corresponded with that benefit; and 3. that there was no “juristic reason” for the defendant’s enrichment. • The term "juristic reason" continues to be of some debate. However, the idea is that there is no legal or other valid reason for the defendant to retain the benefit and/or for the claimant to be deprived of the benefit. Unjust Enrichment Claims
  4. 4. • Unjust enrichment claims are common in estate litigation. • When a person provides services or benefits to another during his or her lifetime, and, after the death of the recipient of the services or benefits, is either: • excluded from the deceased’s estate plan; or • does not receive what he or she was expecting (and/or promised) in exchange for the benefits provided … that person may be able to make a claim against the deceased's estate on the basis of unjust enrichment. • The estate may be considered to have been "unjustly enriched" at the expense of the claimant. Enrichment and Estate Litigation
  5. 5. • Monetary Awards and Proprietary Awards are the two main remedies awarded in cases of unjust enrichment. • The court will typically first consider whether money would sufficiently remedy the unjust enrichment in the circumstances. • Where the claimant can demonstrate a direct link between the loss to him or her and the corresponding benefit to the defendant or another type of causal connection (meaning that the benefit would not exist had it not been for the claimant's contributions), a court may grant instead an interest in the disputed property or benefit itself. This is known as a proprietary award. Remedies for Unjust Enrichment
  6. 6. • Unjust enrichment is a type of claim that may be available on its own or as part of a proceeding that seeks relief against an estate (or another party) on a number of different grounds. • While its principles may seem basic, the law of unjust enrichment is complicated. For more information regarding unjust enrichment, it is advisable to contact an estates lawyer. Summary
  7. 7. Thank you for reading!