okay in this video I want to take a look at an equitable principle called one
just enrichment and following on from that quantum Mara was no these might
seem like archaic arcane old-fashioned legal principles but they may well come
to your rescue if there is a breach of contract situation or indeed where you
provide goods or services and there is no contract at all written contract
unjust enrichment is an equitable principle it can arise where there is a
contract or where there's no contract let me give you an example say you've
entered into a contract with somebody to provide goods or services your goods or
services and you've agreed all the terms of the contract except you haven't
agreed on price the walk commences and you do what you have to do but still
there was no agreement on price it's fair and equitable that you would be
paid what you deserve what he's a reasonable amount for your goods and
services study is a quantum and Mara what amount so here you have a situation
orders a contract all the terms of the contract have been agreed
what price hasn't been agreed you then carry out the work the person for whom
you try out the work or supply the services or goods cannot step back and
say always I'm not gonna pay you because wait merely a price we never agreed on a
price no it would be a situation of unjust enrichment if the person could
get out of paying you for what you've done another situation where it would be
where you have agreed a contract there's a price but you have exceeded the terms
of the contract until the party has let you exceed the terms of the contract and
they have given you implied or tacit approval and did then step back and say
oh no I'm a painter for that because it wasn't in the contract I'm only paying
you what's in the contract let me give you an example they're say you were
small builder and you build an extension for somebody and there's an extension
price agreed let's say then you've finished the job early and you begin to
do work on the paving for example in front of the house
front of the garage or in the walkway up to the house and let's say the owner
comes along and says god that's lovely you've done a great job keep it up once
you finish that job it's not good enough and it's only fair and it would be a
situation of unjust enrichment if that person who let you fire away who derived
the benefit from your goods and services then steps back and says wait now we
never agreed on anything in relation to the paving job
we read in relation to the judge but not the paving and therefore an opinion
these are situations of unjust enrichment it's an equitable principle
what you will be looking for if you bring a claim against somebody in a
quasi contractual situation like what I've described or indeed her there's no
contract what you're looking for is quantum Mara was the quantum there was
basically is what you what you deserve in other words some reflection of the
work that you've done generally this tree or for situations or fear for
proofs situations circumstances that you require in order to prove a situation of
unjust enrichment at the winds which is the case or a claim one is that you've
provided goods or services to the other party to the other party accept stolen
goods or services and has derived the benefit from them and three that it
would be unconscionable and unfair that you would not be paid for your time now
it's also perhaps used to be looked at circumstances may be looked at but you
know you may have you look certainty of a stronger case if you have notified or
reasonably notified you as a party that you expect it to be paid or that the
other party reasonably should have reasonably inferred that you would want
to be paid in other words you weren't doing this work for nothing very very
few people volunteer to work for nothing this doesn't mean that you can for
example drive into somebody's house or property and start tracking there the
front or yard of the house and then say okay you owe me whatever because those
people are doing that work without your approval or without your consent but by
and large if you provide goods or services for somebody if they derive a
benefit from those goods or services then a lot of times it is that
unconscionable situation and the inequitable situation an unfair
situation thus that person would not gain from you without paying and that
would be a situation where you'd be bringing a claim for unjust enrichment
it can't happen in an employment context as well where I personally have a
contract for say 30 hours of each or 35 hours a week and they are then
instructors to do in excess of that four or five six seven hours a week in excess
of that it would be unconscionable in my view and a case could be made for unjust
enrichment as well as non payment of wages obviously for the employer in that
situation to gain from the work of the employee without pay so I hope you find
this video useful if you do give it the thumbs up down below see it's an
equitable principle unjust enrichment and if you're successful with your claim
then you'll be paid or you'll be a war just quantum merit that is the value of
the work that you've done