Owed money but got no contract?
In many cases individuals or companies have supplied goods/services to customers without a contract leaving them feeling fairly helpless when a customer does not pay. However all is not lost – if you are owed money but have got no contract, you may be able to claim under ‘Unjust Enrichment’.
Unjust Enrichment is defined by The Legal Dictionary as “A general equitable principle that no person should be allowed to profit at another’s expense without making restitution for the reasonable value of any property, services, or other benefits that have been unfairly received and retained.”
Unjust enrichment is purely about one party being profited at the unfair expense of another and requires the party to pay restitution to the other party.
In cases whereby a claimant is not in procession of a written or verbal contract to support their claim this is where an Unjust Enrichment would be used. Each case can be complex and each will be based on their own merit/facts.
To claim for an unjust enrichment to claimant must be able to demonstrate the following;
• The defendant has been enriched;
• This enrichment is at the claimant’s expense;
• This enrichment at the claimant’s expense is unjust; and
• There is no applicable defence
Examples of Unjust Enrichment
Suppose a property owner hired a painter to decorate their house. The painter has completed most of the house but then the Property owner refuses entry and refuses to pay the painter.
This would be a case of unjust enrichment as the property owner has been “unjustly enriched” because they have received benefits from the painter. If this went to court the property owner would be required to pay the painter for the work that had been done.
Another common and basic example of ‘unjust enrichment’ would be when you are mistakenly given the wrong amount of change from a shop, you are “unjustly enriched” at the expense of the shop.
If you have supporting paperwork or evidence of the debt being owed that will always help your case greatly. If you have got a bounced cheque then that is as good as any proof of the debt existing. Whether it is wages owed by an employer or a debt owing from a family member, the same logistics apply to all scenarios.
Claiming for unjust enrichment can be a complex and fairly difficult however our friendly New Business Team is ready to discuss your situation and help where possible. Call us today and find out if we can help you recover your money.