Unjust Enrichment
Legal Dissertation on Unjust Enrichment
VERY IMPORTANT INFORMATION FOR CE-401 STUDENTS!!!
Do you KNOW what UNJUST ENRICHMENT IS? Getting Something For Nothing!
Perhaps you should know for the Conflict Resolution Workshop!!!!!!!!!!!!
UNJUST ENRICHMENT OCCURS WHEN ONE PARTY SEEKS TO GAIN SOMETHING FOR NOTHING.
For example, if a design professional forgets to include an elevator in his design of a multi-story building, but an elevator is required by the local building code, then his omission violates the standard of care. If this omission is discovered during construction, and the contractor seeks a $200,000 increase in cost to add the elevator, is the owner justified in seeking $200,000 in damages from the design professional for this negligent act?
If the design professional had included the elevators in the original design, the bidders would have increased their respective bids by $150,000 to include the elevators. If the owner seeks $200,000 from the design professional, he will be seeking something for nothing because but for this error, the owner's cost would have been $150,000 higher, and therefore, the first $150,000 the owner spends on the change to include the elevator is NOT real damages. The real damages in this example are only $50,000, the marginal increase caused by the omission of the elevators from the original bid package and design.
To seek reimbursement of the full $200,000 extra would be seeking something for nothing, and would be UNJUST ENRICHMENT.
How does this legal principle apply to the facts in the Case of the Church of Barrish County?
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