> Florida Civil Litigation Lawyer ǀ Tampa Unjust Enrichment Attorney

Dedicated to advocating personal and property interests throughout the state of Florida

(813) 835-8888

Our staff is always ready to help you.
Call today for a free consultation.

Member of the Best Attorneys of America Member of the Best Attorneys of America Member of the Florida Justice Association Member of the Florida Justice Association Top Rated by AV Preeminent Top Rated by AV Preeminent Superb Rated by Avvo Superb Rated by Avvo Top Rated by Super Lawyers Top Rated by Super Lawyers Member of American Inns of Court American Inns of Court

Unjust Enrichment

“Unjust enrichment” is a legal action that exists to prevent the wrongful retention of a benefit, or the retention of money or property of another, in violation of good conscience and fundamental principles of justice or equity.

It is based on a contract implied in law.  Express contracts and contracts implied in fact require the assent of the parties whereas contracts implied in law, commonly called “quasi contracts,” are obligations imposed by law on grounds of justice and equity and do not rest upon the assent of the contracting parties.

This legal fiction was created to provide a remedy in instances where one of the parties is unjustly enriched.  Quasi-contracts are based primarily upon a benefit flowing to the person sought to be charged. 

Lawyer for Unjust Enrichment Claims in Tampa, FL

If someone has been unjustly enriched at your expense or you have been sued for unjust enrichment, the Germain Law Group can assist you in evaluating your legal options. Germain Law Group diligently represents clients in civil litigation matters, including contractual disputes, unjust enrichment, fraudulent inducement, and more.

Michael Germain is an experienced attorney who represents clients throughout Hillsborough County, Pinellas County, Pasco County, Polk County, and Hernando County.  Have your case reviewed during a free initial consultation when you call (813) 835-8888 or fill out an online contact form today.

Common Unjust Enrichment Questions


Back to top

Proving Unjust Enrichment

To establish unjust enrichment, you must show that:

  1. a benefit was conferred upon the party allegedly enriched,
  2. the enriched party either requested the benefit or knowingly and voluntarily accepted it,
  3. a benefit flowed to the enriched party, and
  4. under the circumstances, it would be inequitable for the enriched party to retain the benefit without paying the value thereof.

Back to top

When Unjust Enrichment Occurs

A common area in which recovery is allowed is that of work performed or services rendered.  The justification is that the defendant would be unjustly enriched at the expense of the plaintiff if she were allowed to escape payment for services rendered or work performed. Ordinarily, however, liability is limited to when the person for whose benefit they were rendered requested the services or knowingly and voluntarily accepted their benefits.


Back to top

The Officious Intermeddler Doctrine & Emergency Aid Exception

To avoid needless services being imposed upon the unsuspecting, the “officious intermeddler doctrine”  holds that where a person performs labor for another without the latter's request or implied consent, however beneficial such labor may be, he cannot recover therefore.

A notable exception to this rule, however, is that of emergency aid:

A person who has supplied things or services to another, although acting without the other's knowledge or consent, is entitled to restitution therefore from the other if he acted unofficiously and with intent to charge therefore, and the things or services were necessary to prevent the other from suffering serious bodily harm or pain, and the person supplying them had no reason to know that the other would not consent to receiving them, if mentally competent, and it was impossible for the other to give consent or, because of extreme youth or mental impairment, the other's consent would have been immaterial.

Nursing Care Servs., Inc. v. Dobos, 380 So. 2d 516, 518 (Fla. 4th DCA 1980) citing 66 Am.Jur.2d, Restitution and Implied Contract, s 23.


Back to top

The Germain Law Group – Unjust Enrichment Claims in Tampa, Florida

If someone has been unjustly enriched at your expense or you have been sued for unjust enrichment, the Germain Law Group can assist you in evaluating your legal options.  Michael Germain is an experienced attorney who represents clients throughout Hillsborough County, Pinellas County, Pasco County, Polk County, and Hernando County.  Have your case reviewed during a free initial consultation when you call (813) 835-8888 or fill out an online contact form today.


Back to top

Visit Our Office
divider
office
3412 Bay to Bay Blvd. Ste. K
Tampa, FL 33629
All meetings are by appointment only.
Map It
Watch Our Videos
divider
Germain Law Group Videos
Meet Our Attorney
divider
Attorney Michael GermainMichael B. Germain is the founder of the Germain Law Group. For over a decade, Michael has been involved in litigating insurance claims and complex commercial matters.
Read More