How Can a Paralegal Help You with Unjust Enrichment?
Unjust enrichment is considered an evocative legal phrase. The word unjust means something crucial is taking action that attracts paralegals’ attention. In the event of unjust enrichment, the judge orders a property for the defendant should be taken and given to another person who is normally a plaintiff. In the litigation process, if the plaintiff is successful, S/he is awarded damages. Then the plaintiff becomes a creditor in respect of the defendant. Being a creditor and winning a damages award does not necessarily bring you money, and you may not get paid. If the defendant hide assets or is insolvent, the award is not easy to enforce or practically worthless. In this case, you should consider consulting a Toronto paralegal to help you with your issue.
If the claimant wants to make out a claim about unjust enrichment against somebody, S/he should meet three requirements and prove that:
_The person has received a benefit of interest.
_The claimant has born damages or losses regarding those benefits.
_No juristic reason is found for the benefit or loss.
What Does Juristic Reason Mean?
According to the law, the reason or explanation is for a person’s enrichment and the other’s detriment. When there is a juristic reason for enrichment, it can’t be called unjust anymore, and the case is not eligible to raise in court. You can always talk to a paralegal to see the best solution for your case and how to win.
When the claimant can meet the requirement of proving unjust enrichment, the court will determine some remedies that constructive trust or a monetary award is among them. If the remedy is constructive trust, the claimant will receive an interest in the property. In this case, there should be a demonstration of the connection between contributions and preservation improvement and maintenance of the disputed property. In this case, a monetary award does not seem sufficient. If the claimant cannot prove that constructive trust is the proper solution, then the monetary award will be the right remedy. For the proof of the unjust enrichment, a paralegal will always be helpful.
If the claimant wants to win the monetary remedy for unjust enrichment, S/he should keep in mind that. Fee-for-services is not the only option for the court.
When Does Unjust Enrichment Happen?
Home renovations, construction projects, and commercial building renovation can be the reason for unjust enrichment. Imagine a contractor and a homeowner have agreed on constructing a building. The homeowner likes the work and asks for more options for the building. However, the homeowner trusts the contractor and does not discuss the details of the new agreement. The building is finished; the costs are more than what the homeowner expected. Then S/he refuses to pay the extra amount and says that he should only pay the amount of their previous agreement. In case there is no contract, the matter should be established based on the law. The court will determine the fair amount of the payment.