A party may recover compensatory damages for any actual loss that the party can prove with reasonable certainty.
Massachusetts Instruction to Jury Regarding Compensatory Damages for Conversion
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FAQ
The definition of unjust enrichment is ?The retention of a benefit conferred by another, without offering compensation, in circumstances where compensation is reasonably expected.?1 Under unjust enrichment, the defendant (owner) unjustly receives and retains something of value at the plaintiff's (contractor's) expense.
Under Massachusetts law, a plaintiff may recover for unjust enrichment upon a showing that 1) she conferred a benefit upon the defendant, 2) the defendant accepted that benefit and 3) the defendant's retention of the benefit would be inequitable without payment for its value.
558, 560-561 (1919) (?It is settled that ordinarily the measure of damages in an action for conversion is the fair and reasonable market value of the property with interest, or what the property was actually worth if there is no market value, or the special value to the owner if the article had an inappreciable ...
The court has held that there are six general defences to an unjust enrichment claim, including the following: Change of position; Estoppel; Statutory defences; Laches and acquiescence; Limitation periods; and. The impossibility of counter-restitution.
If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.
Defenses to Conversion: Consent or approval of plaintiff. Statutes of limitation. Interest of defendant (e.g. defendant has rights to the property.) Lack of value of property.
Value of the property: The fair market value of the property that was converted is typically the starting point for calculating damages. This value is usually determined by expert testimony or by the market value of similar property.
The elements of unjust enrichment exist if: 1) you provided something of value to the defendant; 2) the defendant acknowledged, accepted and benefitted from what you provided; and 3) it would be inequitable for the defendant to enjoy the benefit you provided without compensating you.
