Equitable Remedies
Sometimes contract law doesn't provide adequate relief. For example, A may intend to send B money, but by mistake sends it to C. A can't recover from C under contract law because there is no contract. Or A may provide services to B without any agreement from B to compensate A. In both those situations, since A doesn't have a contract, he can't claim breach of contract.
So the law has supplemented contract law with principles to alleviate the harsh results of applying only contract law. They're called equitable remedies or equitable relief. One of the remedies in equity is a common law claim for unjust enrichment. That claim applies where the plaintiff has conferred a benefit on defendant, and defendant can't in good conscience keep the benefit without paying for it.
Thus, for example, where a plaintiff performs services for defendant without a contract, he can't seek payment by alleging breach of contract. However, he may be able to recover the reasonable value of his services by alleging unjust enrichment. Note that the recovery is only for the reasonable value. If there had been a contract, the plaintiff could sue for the contract price even if it exceeds the reasonable value of his services. But not so with a claim for unjust enrichment.
There's a similar cause of action called "money had and received" used to recover money sent to someone by mistake. Let's say the plaintiff means to send money to one John Smith but erroneously sends it to another John Smith. He can't allege a contractual right to recover the money, because he doesn't have a contract with the recipient. So equity steps in and provides a cause of action for recovering the money.
Obtaining injunctive relief is considered an equitable remedy. Such relief typically consists of an order compelling defendant to do, or refrain from doing, a particular thing. For example, if the seller reneges on a contract to sell a unique item, such as a painting or a piece of real property, the buyer isn't made whole by a money award. He wants that particular item. Under such circumstances, he can obtain the item under a form of injunctive relief called specific performance, which requires that the seller do the very thing called for by the contract.
So the law has supplemented contract law with principles to alleviate the harsh results of applying only contract law. They're called equitable remedies or equitable relief. One of the remedies in equity is a common law claim for unjust enrichment. That claim applies where the plaintiff has conferred a benefit on defendant, and defendant can't in good conscience keep the benefit without paying for it.
Thus, for example, where a plaintiff performs services for defendant without a contract, he can't seek payment by alleging breach of contract. However, he may be able to recover the reasonable value of his services by alleging unjust enrichment. Note that the recovery is only for the reasonable value. If there had been a contract, the plaintiff could sue for the contract price even if it exceeds the reasonable value of his services. But not so with a claim for unjust enrichment.
There's a similar cause of action called "money had and received" used to recover money sent to someone by mistake. Let's say the plaintiff means to send money to one John Smith but erroneously sends it to another John Smith. He can't allege a contractual right to recover the money, because he doesn't have a contract with the recipient. So equity steps in and provides a cause of action for recovering the money.
Obtaining injunctive relief is considered an equitable remedy. Such relief typically consists of an order compelling defendant to do, or refrain from doing, a particular thing. For example, if the seller reneges on a contract to sell a unique item, such as a painting or a piece of real property, the buyer isn't made whole by a money award. He wants that particular item. Under such circumstances, he can obtain the item under a form of injunctive relief called specific performance, which requires that the seller do the very thing called for by the contract.