Quantum Meruit Claims

In contract law, a person may sue for damages when he/she does not receive payment in exchange for services provided. If there is no contract, the court may resort to equitable remedies to compensate for an unjust enrichment. In estate litigation, in the absence of a contract, the courts sometimes impose a constructive trust on real or personal property of the estate for failure to provide for that person in the Will. The purpose is to prevent the estate from taking advantage and being unjustly enriched. Alternatively, the courts attempts to prevent the unjust enrichment of the estate by putting the claimant back in the position he would have been had he not provided the services by making the estate pay the claimant the value of those services.

occupation rent

Occupation rent and estate litigation

In estate litigation this scenario comes up quite often.  One family member stays in mom and dad’s house after their death and appears to be freeloading at the expense of the others. This can happen in estate litigation when a deceased person fails to adequately document their intentions with respect to the ongoing occupation of their home after their passing.
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When Might Unjust Enrichment Apply in Estates Litigation?

When Might Unjust Enrichment Apply in Estates Litigation?

Lawyers and laypeople alike may be aware of the equitable principle that no one should be able to profit from committing a wrongful act. The doctrine of unjust enrichment is similar and deals with transfers of property from one person to another where there is no valid reason to allow the transferee to retain the property. The doctrine has specific application in estates litigation.
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juristic reason

“Juristic Reason”

This blog is intended to look at the last part of the unjust enrichment test and what exactly the court means by “juristic reason” and what the courts have found such reasons to include.
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unjust enrichment and estate law

Unjust Enrichment in the Estate Context

Unjust enrichment is an independent cause of action whereby the plaintiff seeks either a monetary or proprietary award against the defendant. The basis for the claim is that the defendant was enriched at the plaintiff’s expense without juristic reason.
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A Review of Unjust Enrichment

Many clients intuitively know they have been wronged. However, what feels like a meritorious claim sometimes has no readily apparent basis in law. In some instances, the courts have historically addressed these moral claims by employing principles of "equity" to give deserving parties a remedy. One such tool employed by the courts is the doctrine of unjust enrichment.
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