Utah Unjust enrichment/quantum meruit
The elements of a claim of Unjust Enrichment in Utah are:
- benefit conferred on one person by another
- an appreciation or knowledge by the conferee of the benefit
- the acceptance or retention by the conferee of the benefit under such circumstances as to make it inequitable for the conferee to retain the benefit without payment of its value
Source: American Towers Owners v. CCI MECHANICAL, 930 P. 2d 1182 (Utah 1996).
"`Unjust enrichment of a person occurs when he has and retains money or benefits which in justice and equity belong to another....'" Commercial Fixtures & Furnishings, Inc. v. Adams, 564 P.2d 773, 776 (Utah 1977) (quoting Baugh v. Darley, 112 Utah 1, 184 P.2d 335, 337 (1947)). We have held:
Three elements must be present before unjust enrichment may serve as a basis of recovery: [T]here must be (1) a benefit conferred on one person by another; (2) an appreciation or knowledge by the conferee of the benefit; and (3) the acceptance or retention by the conferee of the benefit under such circumstances as to make it inequitable for the conferee to retain the benefit without payment of its value. Concrete Prods. Co. v. Salt Lake County, 734 P.2d 910, 911 (Utah 1987) (quoting Berrett v. Stevens, 690 P.2d 553, 557 (Utah 1984)). In other words, the remedy is one of restitution designed to restore to a plaintiff a benefit unjustly enjoyed by a defendant. Commercial Fixtures, 564 P.2d at 776.
1193*1193 The doctrine is designed to provide an equitable remedy where one does not exist at law. In other words, if a legal remedy is available, such as breach of an express contract, the law will not imply the equitable remedy of unjust enrichment. Mann v. American Western Life Ins. Co., 586 P.2d 461, 465 (Utah 1978) ("Recovery in quasi contract is not available where there is an express contract covering the subject matter of the litigation."); Davies v. Olson, 746 P.2d 264, 268 (Utah.Ct.App.1987) ("Recovery under quantum meruit presupposes that no enforceable written or oral contract exists."). (The doctrine is designed to provide equitable remedy where one does not exist at law. If legal remedy is available, such as breach of an express contract, the law will not imply the equitable remedy of unjust enrichment.)
