In Florida, a claim for unjust enrichment requires a showing that:
- The plaintiff has conferred a benefit on the defendant;
- The defendant has knowledge of the benefit;
- The defendant has accepted or retained the benefit; and
- The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair market value for it.
Contracts aside, in the court of equity unjust enrichment is a serious claim. A claim for unjust enrichment is a great option where there is no written contract or where the contract was not reduced to writing. The court will consider all the facts and circumstances of the matter and determine whether it would be fair to award the plaintiff restitution for the benefit conferred to the defendant.
These claims are in stark contrast to a contracts claim where the court will consider whether the contract is a basis for awarding plaintiff the relief sought. Typically, a complaint will claim unjust enrichment “in the alternative” to other contract claims, like breach of contract.