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In law, unjust enrichment is where one person is unjustly or by chance enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing.〔Basic rule in international law: (Trans-Lex.org )〕 A common example is when a party contracts to provide a service, but the contract is terminated prematurely due to a breach, and the contractor unjustly receives no compensation for partial services rendered. The concept of unjust enrichment is based upon the Roman legal maxim "no one should be benefited at another's expense" (''nemo locupletari potest aliena iactura'' or ''nemo locupletari debet cum aliena iactura''). ==Determination of liability== Liability under the principle of unjust enrichment is wholly independent of liability for wrongdoing. Claims in unjust enrichment do not depend upon proof of any wrong. However, it is possible that on a single set of facts a claim based on unjust enrichment and a claim based on a wrong may both be available. A claim based on unjust enrichment always results in an obligation to make restitution. A claim based on a wrong always results in an obligation to make compensation but may additionally result in an obligation to make restitution. For discussion of restitution for wrongs, see the page on restitution. At common law, a claim based on unjust enrichment can be submitted to five stages of analysis. These can be summarized in the form of the following questions: * Was the defendant enriched? * Was the enrichment at the expense of the claimant? * Was the enrichment unjust? * Does the defendant have a defense? * What remedies are available to the claimant? 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Unjust enrichment」の詳細全文を読む スポンサード リンク
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