Questions tagged [unjust-enrichment]
11 questions
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3 answers
Do you get to keep a fraudulent money transfer that you are entitled to?
Reading this story got me speculating: https://www.bloomberg.com/opinion/articles/2021-02-17/citi-can-t-have-its-900-million-back
TLDR: CitiBank accidentally wired $900m to creditors of a company they were the administrative agent for. The company…
Eugene
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Is there a rule of thumb for determining the amount one should accept for a settlement offer in the U.S.?
For this question let's use the amount of $200,000 owed to the plaintiff by the defendant in a breach of contract dispute. Is there a rule of thumb for calculating how much you should accept in a settlement?
Some factors:
The monies owed are for…
Sizzle
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Is a mistakenly sent bank transfer a cause for unjust enrichment?
Bob meant to send a bank transfer to to his friend Boris Johnson, but instead sent it to
Doris Johnson. Does he have a cause of unjust enrolment against the latter?
TylerDurden
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Did I forfeit the right to my property?
There are 2 parcels of land purchased by different but (family) related parties at the same time. One of the properties (A) contained a well; the other (B) contained the pumps and equipment required to operate the well. For some period of time the…
Jage
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Is the law of unjust enrichment based on an 'absence of basis' or 'unjust factors' approach?
Many common-law practitioners should be familiar with the competing theories on how to conceptualise the law of unjust enrichment.
Is the law still confined to an 'unjust factors' approach as recently reiterated by Lord Sumption in Test Claimants in…
T L C
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In a three-party exchange, can one plaintiff represent both plaintiffs against a defendant, in small claims court?
As a follow-up to https://law.stackexchange.com/questions/917/can-texas-landlords-charge-administrative-fee-twice-thrice, suppose there's a high chance that a court would accept that it was NOT reasonable for a landlord to have had effectively…
cnst
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Is someone under legal obligation to return a wrongfully issued refund?
Suppose someone ordered supplies totaling over $1,000. When he picked up the purchase, he was issued a refund that the order was canceled. He now has all the products he ordered and was not charged. This was not due to him canceling the order; the…
Brandon Kauffman
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About that $100k I need to return
Answers to this question link several other Q&As on the theme that if someone accidentally sends you a pile of money, you need to give it back. Fair enough.
If someone sends me $100k accidentally, and a month later asks for it back, how much do I…
fectin
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Reasonable price in open price service contract
There is a service contract with no price defined. Does that means the price must be "reasonable"? This is true in Universal Commercial Code but it covers only sales of goods, not services. Is there a provision in common contract law for "price…
Mike Raven
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Licensing - can any intangible thing of value to which an individual holds exclusive rights be licensed?
Provided an intangible thing is of value and an individual holds the exclusive rights to that thing of value, is there any limitation to what can and cannot be licensed? Can an individual license their consent for something that is usually freely…
faustus
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Why is it not unjust enrichment to mistakenly fail to cancel a recurrent subscription charge?
Alice accidentally transfers money to Charlotte but had intended to transfer it to herself and has a cause for unjust enrichment against Charlotte because she hadn’t intended to transfer it to her.
Bob subscribes to a monthly subscription service…
TylerDurden
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