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Unjust Enrichment Equals Fairness

Fairness

Unjust Enrichment Equals Fairness

Unjust enrichment is a legal doctrine based on the general equitable principal that no one should be allowed to profit at another’s expense.

In other words, a person should pay for the reasonable value of any benefits, whether property or services, that he or she has been unfairly received and kept from another person.

Unjust enrichment is an equitable doctrine which originated in the Courts of Equity, the court system parallel to the Courts of Law until the historic merger of the two systems in the 19thCentury.

The equitable remedies developed by the Courts of Equity were based on overarching moral principles designed to alleviate injustices caused by the strict application of the common law.

This is important to bear in mind because unjust enrichment is an equitable doctrine founded on moral principles rather than on legal precedent.

Thus it remains a flexible tool for providing compensation in appropriate circumstances.

Judith Milliken QC has written an article on Unjust Enrichment that is now on this website under Articles.

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