Can you recover money in Florida even if there’s no contract? Absolutely—if you know how to plead unjust enrichment. Many businesses and individuals lose out simply because they don’t understand the legal requirements or confuse unjust enrichment with breach of contract.
Florida courts recognize unjust enrichment as a remedy when one party benefits unfairly at another’s expense. The Supreme Court Jury Instruction 416.3 lays out the elements: a benefit conferred, knowledge of the benefit, acceptance, and circumstances making it unjust for the defendant to retain the benefit without payment. Commerce Partnership 8098 Ltd. v. Equity Contracting Co. is the leading case, clarifying that the plaintiff must show the defendant knowingly received and retained a benefit, and that equity demands repayment.
The biggest mistake? Failing to plead specific facts. Courts will dismiss claims that simply recite legal conclusions or confuse unjust enrichment with contract claims. Plead the details: what benefit was conferred, how the defendant knew and accepted it, and why it’s unfair for them to keep it. Florida Statute § 768.0425 may also impact damages in certain cases. Deadlines matter—statute of limitations for unjust enrichment is four years. Our firm helps clients avoid technical pitfalls and fight for what’s fair.
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Disclaimer: This content is for informational purposes only and does not constitute legal advice, and laws and legal interpretations may change after the date of publication.
Written by:
Gil Sánchez, Esq.
CEO | Civil Trial Attorney
Black Rock Trial Lawyers
Abogados Law
