Minnesota Complaint based on Open Account, Breach of Contract, Unjust Enrichment

State:
Multi-State
Control #:
US-01170
Format:
Word; 
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Description

This is a sample Complaint for a lawsuit for damages in a civil action. You must adapt the language to the specific facts of your case, but the sample can be a useful model. The Complaint is not specific to any state and should be modified to comply with local court rules.
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  • Preview Complaint based on Open Account, Breach of Contract, Unjust Enrichment
  • Preview Complaint based on Open Account, Breach of Contract, Unjust Enrichment

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FAQ

A cause of action for unjust enrichment arises wherever there is a benefit received by one party at the cost of another. Unjust enrichment is a common law requirement that the law implicitly recognizes based on the particular case's equities and not on any contractual obligations.

A common reason for commercial litigation is when a party to an express contract fails to fulfill one or more of the contractual terms. This could amount to a breach of contract. If the defaulting party has benefited from the contract without performing their part, they could be liable for unjust enrichment as well.

In order to establish a claim for unjust enrichment, the plaintiff must show that the defendant knowingly received something of value to which he was not entitled, and that the circumstances are such that it would be unjust for the defendant to retain the benefit.

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.

A claimant must show three things to make out a claim in unjust enrichment: that the defendant was enriched, that his enrichment was gained at the claimant's expense, and that his enrichment at the claimant's expense was unjust.

Under Minnesota law, proof of a breach of contract claim requires four elements: (1) the existence of a contract; (2) breach of the terms of the contract; (3) causation; and (4) damages. Parkhill v. Minn.

To establish an unjust enrichment claim, the claimant must show that the defendant has knowingly received or obtained something of value for which the defendant in equity and good conscience should pay. ServiceMaster of St. Cloud v. GAB Bus.

Under Minnesota law, ?a claim for unjust enrichment does not exist simply because the defendant benefitted from the plaintiff's efforts; rather, the defendant must be 'unjustly enriched in the sense that the term 'unjustly' could mean illegally or unlawfully.

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Minnesota Complaint based on Open Account, Breach of Contract, Unjust Enrichment