The Principle of Unjust Enrichment

Abstract

The doctrine of unjust enrichment has developed not as a principle to claim back the money received or benefits received that were not due but rather where the court can order restitution or to put it in other words where the courts can reasonably grant restitution. In Moses v. Macferlen, Lord Mansfield stated that the action for the money had and received “lies for the money paid by mistake; or upon a consideration which happens to fail; or for money got through imposition (express or impled); or extortion; or an undue advantage taken of the claimant’s situation, contrary to the laws made for the protection of persons under those circumstances.

Keywords: Unjust Enrichment