LAW 505-002 – Contracts I
Restatement Third of Restitution § 2
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- The fact that a recipient has obtained a benefit without paying for it does not of itself establish that the recipient has been unjustly enriched.
- A valid contract defines the obligations of the parties as to matters within its scope, displacing to that extent any inquiry into unjust enrichment.
- There is no liability in restitution for an unrequested benefit voluntarily conferred, unless the circumstances of the transaction justify the claimant's intervention in the absence of contract.
- Liability in restitution may not subject an innocent recipient to a forced exchange: in other words, an obligation to pay for a benefit that the recipient should have been free to refuse.