Restitution and equity: An analysis of the principle of unjust enrichment

This article is a study of the principle of unjust enrichment and its connection, if any, to "equity". The problem addressed here is not the substantive meaning of unjust enrichment, but the role that unjust enrichment plays in judicial decision making. It is argued that the principle of unjust enrichment can be interpreted as a principle of Aristotelian equity, providing correction when normally sound rules produce unjust results in particular cases. Second, unjust enrichment can be characterized as a "legal principle" incorporating a broad ideal of justice, from which courts can deduce solutions to particular restitution problems. Finally, unjust enrichment can be understood simply as expressing a common theme of restitution cases. On this view, unjust enrichment is a descriptive and organizational principle, one which plays no direct role in judicial decision making. It may shape judicial decision making in a general way, but is not a source of authority for particular outcomes.