Making a Claim of Unjust Enrichment in a Commercial Lawsuit

 Posted on December 30, 2024 in Commercial Litigation

If you are involved in a business dispute, you may be considering a lawsuit against the party that is harming your interests. Depending on the facts of your case, you may bring a claim for unjust enrichment to recover against a party who unjustly benefited at your expense. A Chicago, IL commercial litigation attorney can provide advice on whether you may file an unjust enrichment claim in your commercial dispute. 

How Do You Make a Claim for Unjust Enrichment?

In Illinois, you may make an unjust enrichment claim if the other party received a benefit or was enriched by receiving financial gain, property, or discounted services at your expense, and by keeping that benefit, the party is violating principles of justice and equity. You must bring a claim for unjust enrichment within five years after the actions occurred under Illinois law.

Often, unjust enrichment claims are made alongside other commercial claims, such as fraud and tortious interference, although in Illinois you may sometimes bring an unjust enrichment claim on its own.  Unjust enrichment claims are generally brought in the following situations:

• When traditional monetary damages would not produce a fair result. Instead, the aim is to restore the wronged party to the position they were in before unjust enrichment, including financially. 

• When the parties did not put their agreement in a formal, written contract.

• When there is a written agreement between the parties but the claim of unjust enrichment is based on fraud, not on breach of contract. 

What Remedies Can You Receive For Unjust Enrichment?

If you win on an unjust enrichment claim, the court will usually award "restitution." This remedy seeks to put you back in the position you were in before the defendant received the benefit, whether that means returning the money, transferring the property, or paying for services rendered. 

What Are Some Examples of Unjust Enrichment? 

An example of unjust enrichment in a commercial dispute would be when a business accidentally sends wholesale goods to a business customer but the customer does not return the goods or pay for them. The business that provided the goods could sue for unjust enrichment. 

Another example would occur if a contractor spends significant labor, money, and time on a project after a customer changes the scope of the work but the owner never pays for the additional expenses because the owner believes it is not a reasonable expense. The contractor could sue for unjust enrichment. 

Contact a Chicago, IL Commercial Litigation Attorney

If you are facing a commercial dispute, it is important to consult with a commercial litigation attorney who can build a strong case on your behalf and ensure that your business is legally protected. The experienced attorneys at Teller, Levit & Silvertrust, P.C. have extensive commercial litigation experience and can bring claims for unjust enrichment. Call our offices at 312-922-3030 to speak to a Cook County, IL unjust enrichment lawyer.