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Unjust enrichment laws exist to prevent the wrongful retention of a benefit, money, or property belonging to another individual.  


In Florida, a party may make a claim for unjust enrichment where an implied contract exists even though, as a matter of law, the parties never entered into a written or oral agreement.  


To prove a claim for unjust enrichment, the following elements must exist:


  1. Plaintiff has conferred a benefit on the Defendant; 

  2. the Defendant is aware of the benefit;

  3. Defendant has accepted or retained the benefits; and

  4. it would be unfair for the Defendant to keep the benefit without paying at least fair market value for it.  


It is essential to understand that an unjust enrichment claim will not exist if the Plaintiff provided the benefit to the Defendant as a gift. In contrast, unjust enrichment occurs when one party fulfills their part of the contract, and the other party fails to satisfy their part of the agreement.   


Unjust enrichment commonly occurs upon completion of work performed or services rendered. The justification for unjust enrichment would be that the Defendant would be unjustly enriched at Plaintiff’s expense if the Defendant did not have to perform the work or provide the services. 


If you believe that you may have an unjust enrichment claim, please contact Kimberly M. Soto at 321.972.2279 so she can further advise you.

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