English unjust enrichment law is part of the
English law of
obligations, alongside
contract and
tort, and
property. A claim in
unjust enrichment requires benefits that have been obtained by someone to be given up if it would be "unjust" to retain them. The enrichment must be "unjust" if no valid legal transaction is present, such as a
contract,
trust,
gift or
estoppel. "
Restitution", or restoration of the unjust gain, to the party to whom the enrichment came from is the main right that follows from an unjust enrichment. English courts have recognised that to found a claim there are four steps: (1) someone has to be enriched, (2) at the expense of someone else, (3) the enrichment must be unjust, and (4) there must be no defence, such as the defendant changing its position on the strength of the enrichment. Around 10 major "unjust factors" are typically recognised in English law, many of which are typically understood in
contract as "vitiating factors". If someone receives an enrichment at another's expense, and this is a
mistake, it happens with the claimant's ignorance of the transfer, after a
failure of consideration, under
duress, under
undue influence or exploitation, through legal compulsion, out of necessity, when the transaction is
illegal, or the claimant lacks
capacity or acts
ultra vires, then this will found a claim, so long as no defence operates. Unjust enrichment is an action based on
strict liability to return the enrichment, and may frequently work concurrently with a claim in
tort. For example, if someone is forced to make a contract to transfer property, the "unjust factor" of duress will vitiate the contract. The claimant will be entitled to have their property returned, and will also have a claim in tort against the one who made the threat.