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Unjust enrichment is a legal term in English law and in several other jurisdictions, denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing. A typical example of a claim based on unjust enrichment is that of payment by mistake. Imagine that customer B is accidentally given £10 too much change by shopkeeper A. B does not notice the mistake. There is no way that B can be accused of any wrongdoing. Nonetheless, the law imposes an obligation on B to repay £10 to A. This is because B has been unjustly enriched by £10 by A’s payment. Unjust enrichment, if proved, always triggers an obligation to make restitution. It never triggers an obligation to pay compensation because such an obligation might leave the defendant, who is normally entirely innocent, out of pocket. Liability under the principle of unjust enrichment is wholly independent of liability for wrongdoing. Claims in unjust enrichment do not depend upon proof of any wrong. Having said that, it is possible that on a single set of facts a claim based on unjust enrichment and a claim based on a wrong may both be available. A claim based on unjust enrichment always results in an obligation to make restitution. A claim based on a wrong always results in an obligation to make compensation, but may additionally result in an obligation to make restitution. For discussion of restitution for wrongs, see the page on restitution. It is generally accepted that a claim based on unjust enrichment can be submitted to five stages of analysis. These can be summarised in the form of the following questions
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