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[ Legal Concepts ]
Schroeder v. Buchholz,
2001 ND 36, 622 N.W.2d 202
- [¶14] ... Unjust enrichment is an equitable doctrine
applied in the absence of a contract and used to prevent one person from being unjustly
enriched at another's expense. ... "The essential element in recovering under a
theory of unjust enrichment is the receipt of a benefit by the defendant from the
plaintiff which would be inequitable to retain without paying for its value." Zuger
v. North Dakota Ins. Guar. Ass'n, 494 N.W.2d 135, 138 (N.D. 1992) (citation omitted).
[¶15] Five elements must be established to prove unjust enrichment:
1. An enrichment;
- 2. An impoverishment;
- 3. A connection between the enrichment and the
impoverishment;
- 4. Absence of a justification for the enrichment and
impoverishment; and
- 5. An absence of a remedy provided by law.
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