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The reception of unjust enrichment into Belgian law has been upheld multiple times by the Court of Cassation, which has ruled that unjust enrichment is a general principle of law. [27] [28] [29] The Court has stated that the legal basis for unjust enrichment is equity (ius aequum). According to the Court, five elements constitute unjust enrichment:
The Official Code of Georgia Annotated or OCGA is the compendium of all laws in the state of Georgia. Like other state codes in the United States, its legal interpretation is subject to the U.S. Constitution , the U.S. Code , the Code of Federal Regulations , and the state's constitution .
Woolwich Equitable Building Society v Inland Revenue Commissioners [1993] AC 70 is an English unjust enrichment law case, concerning to what extent enrichment of the defendant must be at the expense of the claimant. The case related to tax demands that were later held in judicial review proceedings to be ultra vires, and therefore void.
For example, disgorgement of short-swing profits is the remedy prescribed by § 16(b) of the Securities Exchange Act of 1934. [3] The second edition of American Jurisprudence states that: Disgorgement is an equitable remedy designed to deter future violations of the securities laws and to deprive defendants of the proceeds of their wrongful ...
In trust law, a constructive trust is an equitable remedy imposed by a court to benefit a party that has been wrongfully deprived of its rights due to either a person obtaining or holding a legal property right which they should not possess due to unjust enrichment or interference, or due to a breach of fiduciary duty, which is intercausative with unjust enrichment and/or property interference.
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In Canada, quantum meruit is not based on contract law but rather depends on equitable principles of unjust enrichment. Canadian law generally upholds the old maxim that estoppel allows an implied promise to act as a shield against litigation but never a sword. Therefore an implied promise would not create a cause of action.
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