Massachusetts Jury Instruction - 2.1 Consideration Of The Evidence Duty To Follow Instructions No Corporate Party Involved
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FAQ
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.
Your function as the jury is to determine the facts of this case. You alone determine what evidence you believe, how important any evidence is that you do believe, and what conclusions to draw from that evidence.
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.
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.
When a party has the burden of proving any claim [or affirmative defense] by a preponderance of the evidence, it means you must be persuaded by the evidence that the claim [or affirmative defense] is more probably true than not true.
If Defendant obtained an advantage that he otherwise would not have, such as trade secrets stolen from Plaintiff, then Defendant was unjustly enriched.
You must avoid bias, conscious or unconscious, based on a witness's race, color, religious beliefs, national ancestry, sexual orientation, gender identity, gender, or economic circumstances in your determination of credibility.
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.