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Restitution and unjust enrichment is the field of law relating to gains-based recovery. In contrast with damages (the law of compensation), restitution is a claim or remedy requiring a defendant to give up benefits wrongfully obtained. Liability for restitution is primarily governed by the "principle of unjust enrichment": A person who has been ...
Whether this ground of restitution only applies to money claims or also extends to non-money benefits (e.g., chattels, services); Whether this ground of restitution can be relied upon by a contract-breaker; Whether the (now ineffective) contract has any impact upon (a) the availability of a claim; or (b) the valuation of any such claim;
In personal injury claims, the settlement negotiation process begins by the victim submitting a demand letter to the insurance companies. The purpose of the demand letter is to present facts about the accident in order to persuade the insurance companies to provide adequate compensation. A typical demand letter is structured in the following ...
An auto insurance claim is essentially your way of notifying your insurance provider that you’ll need to use your policy to cover expenses after your car is damaged in a covered incident. The ...
An insurance adjuster is another term for the insurance claims agent for your home insurance company. Endorsement An endorsement is an addition, modification or update that is made to an original ...
A car insurance claim may be settled as soon as the same day for simple claims, like a glass claim for a broken windshield. However, a more complex claim with multiple vehicles and injuries may ...
This requirement distinguishes a claim in unjust enrichment from a claim in tort: the law of unjust enrichment is not concerned with compensation for loss, but rather with the restitution of gains. Historically, the nature of one's claim differed depending upon the nature of the enrichment.
The main exception is in insurance bad faith cases in the US if the insurer's breach of contract is alleged to be so egregious as to amount to a breach of the "implied covenant of good faith and fair dealing", and is therefore considered to be a tort cause of action eligible for punitive damages (in excess of the value of the insurance policy). [a]
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