JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)

Citation: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Parent Document: JW, LLC v. Ayer and Martell, 197 Vt. 118 (2014)
Jurisdiction: Vermont (state)
Effective Date: 2014-07-18
Original Source: https://www.courtlistener.com/opinion/2684862/jw-llc-v-ayer-and-martell/ ↗

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¶ 22. But second, we cannot read the statute as giving the landlord the value of the personal property found. on the premises at the end of the statutory period. The landlord may incur no liability for the act of disposing of the property, but this does not mean that the landlord can be enriched by the value of the property in cases where the property does have value. We conclude that any benefit landlord realizes from the sale or retention of the personal property is subject to a claim of unjust enrichment. Unjust enrichment arises when “[t]he law implies a promise to pay [because] a party receives a benefit and the retention of the benefit would be inequitable.” Cedric Elec., Inc. v. Shea,

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