Measuring the Unjust Enrichment in a Restitution

• Main Author: HUNTER, Howard
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 1989
• Subjects: Restitution; Contract; Unjust enrichment; Contracts
• Online Access: https://ink.library.smu.edu.sg/sol_research/2132; https://ink.library.smu.edu.sg/context/sol_research/article/4084/viewcontent/MeasuringUnjustEnrichment_12SydneyLRev76.pdf
• Institution: Singapore Management University

Unjust enrichment is a theme common to most restitution cases in the United States. The theory of recovery is based on a justice principle the disgorgement of an unfairly obtained gain. The goal, in general, is to require the defendant to give up his gain rather than to compensate the plaintiff for a loss, as in a tort case, or to substitute damages for an unfulfilled expectancy, as in a contract case. This paper examines some of the issues that surround the measurement of the unjust enrichment and the defendant's liability. There are a number of straightforward rules for the calculation of damages for breach of contract or for trespass and the focus is clearly on what the plaintiff has lost by reason of the defendant's actions. The rules for the calculation of the defendant's unjust enrichment are not so clear, and, as several cases demonstrate, lack of clarity may result in under or over compensation.