Free tool · Remedies

Can I Get My Money Back? Unjust Enrichment and Restitution

Money or another benefit that was given by mistake, under pressure, or for a reason that failed can often be recovered through a claim in restitution (unjust enrichment). The claimant must show that the defendant was enriched, at the claimant’s expense, in circumstances that make it unjust to keep the benefit, and that no defence applies. Voluntary gifts and payments made with full knowledge are not recoverable, and neither are benefits conferred officiously. Defences include change of position, bona fide purchase, estoppel, illegality and limitation. If the benefit can be traced into identifiable property and a fiduciary or trust is involved, a proprietary remedy such as a constructive trust may give priority over other creditors.

Tool · Restitution Checker

What was received?Why is it unjust to keep it?Defence raisedValue of the benefitValue the defendant still holds or has used for themself

The defendant received a benefitIt came from the claimant (or was gained by a wrong to the claimant)The claimant acted officiously, as a volunteer with no request or emergencyThe benefit can be traced into identifiable propertyThe defendant is a trustee or fiduciary, or the money was held on trustThe defendant is insolvent

A claim in restitution looks available.

1. The defendant was enriched: The defendant received a benefit: money, goods, services or the use of something. In services cases, the benefit is also assessed by whether the defendant requested it, freely accepted it or would have had to pay for it anyway.

2. At the claimant’s expense: The benefit came from the claimant, or the defendant gained it by a wrong to the claimant.

3. It would be unjust for the defendant to keep it: A mistake by the claimant that caused the payment is a classic ground for recovery. Many systems no longer distinguish a mistake of fact from a mistake of law.

4. Defences: No defence is raised.

Personal remedy: a money judgment for the value of the enrichment (12,000). For services, this is the reasonable value (quantum meruit); for goods, their value (quantum valebat).

Walks through a claim in unjust enrichment: the defendant was enriched, at the claimant’s expense, in circumstances that make it unjust to keep the benefit, and no defence applies; then shows the personal and proprietary remedies. It applies the usual common-law approach in simplified form, and systems use different labels. Invented facts; a teaching aid, not legal advice. Runs in your browser; nothing is stored or sent.

How to use it

Say what was received and from whom.
Choose why it is unjust: mistake, duress, failure of the reason for payment and so on.
Add any defence, whether the benefit is traceable and whether the defendant is insolvent.
Read the four questions and the remedy.

Common questions

Can I recover a payment that I made by mistake?

Usually yes, if the recipient was enriched at your expense and you made the payment because of the mistake. The recipient may reduce what is repayable if they spent it in good faith in a way they would not otherwise have done (change of position).

What is a constructive trust?

A trust imposed by a court to prevent unconscionable retention of property. It can give the claimant the property itself or its traceable proceeds, with priority over the defendant’s other creditors.

Does the tool decide my case?

No. It applies the elements in simplified form. The law of restitution differs between systems and depends on the facts.

Learn the law behind the tool

This tool is part of our Remedies course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Remedies: Restitution and Unjust Enrichment.

More free law tools

General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.