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4.5-13  Unjust Enrichment (Restitution)

Revised to January 1, 2008

In the __ count, the plaintiff claims the defendant was unjustly enriched.  <Refer to verdict form.>  Any damages you award on the plaintiff's unjust enrichment claim are determined by the value of the benefit the plaintiff provided to the defendant.  In other words, the amount of unjust enrichment is the value to the defendant of <insert property received or services rendered> to the defendant.  The plaintiff must prove the fair and reasonable value of the <insert property received or services rendered> to the defendant.  That value should be measured in terms of the benefit the defendant received by not providing proper compensation to the plaintiff for <insert goods/services provided>.

Authority

Vertex v. Waterbury, 278 Conn. 557, 573-75 (2006); Meaney v. Connecticut Hospital Assn., Inc., 250 Conn. 500, 511-15 (1999); Monarch Accounting Supplies, Inc. v. Prezioso, 170 Conn. 659, 667 (1976); Anderson v. Zweigbaum, 150 Conn. 478, 482-84 (1963).  See also John T. Brady & Co. v. Stamford, 220 Conn. 432, 447 (1991); Bernstein v. Nemeyer, 213 Conn. 665, 675-76 (1990).

Notes

Future losses are not properly includable because the award should be limited to the benefit received by the defendant up until the time of the breach.  See, e.g., Monarch Accounting Supplies, Inc. v. Prezioso, supra, 170 Conn. 667.
 


 

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