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Unjust Enrichment

·

By

ACL

The short answer

Unjust enrichment allows recovery when one party retains a benefit at another’s expense in a way that would be unfair, and no enforceable contract covers the situation.

Where it fits in your case

Often pleaded as an alternative when the existence or scope of a contract is disputed.

What to expect

  • No express contract. If a valid contract governs the subject, unjust enrichment generally is not available.

  • Alternative pleading is allowed when a contract’s existence is disputed.

  • Measure. Recovery focuses on the value of the benefit conferred.

What we need from you

Evidence of the benefit provided, its value, and the other side’s knowledge and retention of it.

Common misconceptions

  • “It’s a backup to any contract claim.” Not if a valid contract covers it.

  • “It recovers our lost profits.” It measures the benefit to the other side.

This resource provides general information about Illinois and federal law, not legal advice about your situation. Reading it does not create an attorney-client relationship. The right answer often depends on the specific facts, contract language, policy wording, and deadlines involved.

ALLISONCHOLAW / BUSINESS LITIGATION & COUNSEL

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