- 11 - trust.13 We turn to Michigan law to determine whether petitioner’s assertion of the doctrine of unjust enrichment gives rise to a valid and enforceable claim against Ms. Thiellesen. A person who has been unjustly enriched at the expense of another is required to make restitution to the other. Estate of McCallum v. First State Bank, 395 N.W.2d 258, 261 (Mich. Ct. App. 1986); Restatement, Restitution, sec. 1 (1937). The process of imposing a “contract-in-law” to prevent unjust enrichment is an activity which courts should approach with some caution. Estate of McCallum v. First State Bank, supra. Under Michigan law, the essential elements of a claim for unjust enrichment are: (1) Receipt of a benefit by the defendant from the plaintiff, (2) which benefit it is inequitable that the defendant retain. Id. The plaintiff making a claim for unjust enrichment must establish the nature of the transaction and the character of the liability arising therefrom as a prerequisite to his right to recover. Booker v. City of Detroit, 668 N.W.2d 623, 627 (Mich. 2003). The mere fact that a person benefits another is not of itself sufficient to require the other to make restitution on a theory 13 Generally, a constructive trust allows the court to impose a trust for the benefit of one person over assets owned by another. Kent v. Klein, 91 N.W.2d 11, 14 (Mich. 1958). For purposes of the requirement of worthlessness, respondent focuses on the truck. The record is unclear, however, as to who is the registered owner of the truck. We note that Nicole currently drives the truck.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011