A Brief Guide to Breach of Contract and Unjust Enrichment
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The Relationship Between Breach of Contract and Unjust Enrichment
Commercial activities thrive when all parties honor their agreements and fulfill their obligations to each other.
A common reason for commercial litigation is when a party to an express contract fails to fulfill one or more of the contractual terms. This could amount to a breach of contract. If the defaulting party has benefited from the contract without performing their part, they could be liable for unjust enrichment as well.
In such an instance, the offended/injured party could institute a lawsuit to claim damages and recover whatever they lost with the help of a trusted contract attorney in Atlanta.
What Is a Breach of Contract?
A contract is a legal agreement between two or more parties. Contracts set out a business arrangement’s terms and help protect both parties from potential liability. They may also set out the possible penalties when any of the contractual terms are breached.
A breach of contract is when one party fails to perform the obligations they have agreed to in a contract. A common example of this occurs in the sale and supply of goods. One party pays for goods, and the other agrees to supply the specific goods at a particular time and in good condition.
If the goods arrive later than the agreed date, arrive in a sub-standard condition, or their quality is lower than what the purchaser paid for, the purchaser may file a breach of contract claim in court and claim damages.
How Much Can You Sue for in a Breach of Contract Case?
In breach of contract claims, the party in breach may be liable for compensatory and punitive damages to punish fraudulent actions.
The plaintiff may also obtain liquidated damages if they provide proof or documentary evidence such as payment receipts, bank statements, or anything else to show that they lost money due to the defendant’s actions.
What Is Unjust Enrichment?
Unjust enrichment is a cause of action that is rooted in contract law. It is closely related to breach of contract as both causes of action can emanate from a single transaction.
Unjust enrichment occurs when the defendant receives a benefit at the plaintiff’s expense without giving anything in return. For instance, if you mistakenly overpaid a vendor, the vendor may be liable for unjust enrichment if they fail to refund the excess amount.
Unjust enrichment claims are resolved by the equitable remedy of restitution. So, using the previous example, the vendor, in that case, would be ordered to pay back the entire amount of money that was received in error.
If someone has unjustly enriched themselves at your expense, you might need to seek professional advice from an Atlanta business litigation attorney, who can shed some insight on your case and possibly help you receive compensation for your losses.
Get Help From a Business Attorney With Your Unjust Enrichment and Breach of Contract Claim
To successfully set up your claim for breach of contract or unjust enrichment, you may need to establish that a contract exists and provide other forms of evidence to support your claim. A business attorney can assess the circumstances surrounding your case and help you identify any details that could support your claim, thereby increasing your chances of success.
So, if you need an experienced corporate attorney in Atlanta to represent you, The Chouhan Law Firm, LLC can help. We understand the frustrations that follow cases of breach of contract and unjust enrichment, and we are committed to helping you recover what you have lost as much as possible.
Contact us today and let us ease your stress.
