CHAPTER 8 - 8-5 UNJUST ENRICHMENT

• Jurisdiction: United States

8-5 Unjust Enrichment

The Connecticut Superior Court has dealt with a claim against an attorney for unjust enrichment.¹³⁰ Davidson v. Savarse involved allegations that the defendant attorney was benefitted by payment of attorney's fees to him which was a detriment to the plaintiffs and that defendant did not provide legal services that the plaintiff had paid for. The court determined that such allegations were sufficient to assert a claim for unjust enrichment. The court noted that—

Unjust enrichment applies whenever justice requires compensation to be given for property or services rendered under a contract, and no remedy is available by an action on a contract . . . Indeed, lack of a remedy under a contract is a precondition to recovery based upon unjust enrichment . . . while proof of an enforceable contract might preclude application of an unjust enrichment theory, the plaintiff may be unable to prove an enforceable contract and, at least in the early stages of the proceedings, is entitled to plead inconsistent theories.

The court further concluded that "[p]laintiffs seeking damages for unjust enrichment must prove (1) that...