What is the equitable remedy of unjust enrichment when there is an agreement between the parties?
British Columbia, Canada
The following excerpt is from Cerenzie v. Duff, 2014 BCSC 1345 (CanLII):
I do not take the authorities noted as supporting the broad proposition that the reach of the equitable remedy of unjust enrichment is limited to situations in which there is an agreement between the parties. First, as already noted, it is not an element of the claim according to Peter v. Beblow. Second, the proposition as expressed by Dorgan J. must be understood in the context of the circumstances that were before her. In that case, there was no dispute that there was an agreement; the issue was as to its terms.
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