This is a claim to be paid a reasonable sum in respect of work carried out, the benefit of which has been enjoyed by another party. Enrichment may consist of the performance of work and services, where the value of the work and services are “freely accepted” by the other party. As the law of restitution is triggered where no contract is to be found, the parties’ intentions are not relevant. The factors which the court will consider are:
Has the other party been enriched?
Was the enrichment at your expense?
Was the enrichment unjust?; and
Are there any defences available to the other party?
The key point in consideration here is not your loss but the value of the other party’s gain. The enrichment is generally valued at the time the services are rendered and is usually assessed by a principle known as subjective devaluation. This is where it may be appropriate to reduce the objective market value to reflect the subjective value of the services to the other party.
News
Selling your business is one of the biggest decisions a business person can make. Handing over “your baby” is always going to involve mixed emotions and a lot of considerations – not least the kind of buyer you want to take over the business. An option we have seen some clients explore is selling to a private equity investor as opposed to a more “traditional” sale.
News
In an era where technology is reshaping industries, businesses are finding themselves at the crossroads of innovation and responsibility. As a forward-thinking law firm, we understand the transformative power of Generative Artificial Intelligence (A.I.) and how this can be integrated into a business and its current practices. We are also aware of the potential grey areas and pitfalls working with A.I. may have, and why it there may be a critical need for businesses to implement comprehensive A.I. policies.
News
Business owners and employees alike should be prepared for what to expect when expecting in the workplace as redundancy and maternity laws are changing.
Check us out on social
