Plaintiff MUST Confer Direct Benefit on Defendant to Prove Unjust Enrichment

“The elements of a cause of action for unjust enrichment are: (1) plaintiff has conferred benefit on the defendant, who has knowledge thereof; (2) defendant voluntarily accepts and retains the benefit conferred; and (3) the circumstances are such that it would be inequitable for the defendant to retain the benefit without paying the value thereof to the plaintiff.” CFLB Partnership, LLC v. Diamond Blue International, Inc., 47 Fla.L.Weekly D1812a (Fla. 3d DCA 2022). Regarding the first element “plaintiff has conferred benefit on the defendant,” the benefit conferred must be DIRECT and NOT an indirect benefit. Irrespective of whether or not I agree...

22 September

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Economic Damages Must be Based on Competent Substantial Evidence

Posted by David Adelstein

in Trial Perspectives

Economic damages must be supported by substantial competent evidence. Stated differently, economic damages cannot be speculative and the amount of the damages must be quantifiable. Putting on speculative, unquantifiable damages at trial can be fatal to a claim because damages should be the most important part of a claim. If damages cannot be proven, there is no claim, so making sure damages can be supported with competent substantial evidence is beyond important. The recent decision of Alvarez v. All Star Boxing, Inc., 43 Fla.L.Weekly D2102a (Fla. 3d DCA 2018) establishes what can happen if a party puts on speculative damages. This...

08 September

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You Can’t Sue Someone for Unjust Enrichment when there is a Contract

Posted by David Adelstein

in Trial Perspectives

You cannot sue someone for unjust enrichment (or quantum meruit) if there is a contract between the parties. You can sue them for breach of contract; but you cannot try to circumvent the parameters of the contract by suing them for unjust enrichment (an equitable quasi-contract theory of liability). For example, in Sterling Breeze Owners' Association, Inc. v. New Sterling Resorts, LLC, 43 Fla.L.Weekly D2040c (Fla. 1st DCA 2018), a condominium association sued the developer for, among other claims, unjust enrichment. The claim stemmed from the fact that the developer (in developing the condominium) reserved in the condominium documents ground...