Vincent J. Boido, Jr. and Christine P. Boido - Page 12

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          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.                                                           





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