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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144 Vt. 85, 86, 472 A.2d 757, 757 (1984) (per curiam); see Restatement (Third) of Restitution and Unjust Enrichment § 1 (2011) (“A person who is unjustly enriched at the expense of another is subject to liability in restitution”). Although most restitution cases involve benefits conferred in connection with contracts, restitution is not limited to such cases, and can apply in cases where a benefit has been conferred “upon the defendant without mistake and without wrongdoing or breach of an agreement by the defendant.” 1 D. Dobbs, Law of Remedies § 4.1(1), at 553 (2d ed. 1993). To demonstrate unjust enrichment, tenant must show that a benefit was conferred on landlord, landlord accepted the benefit, and it would be inequitable for landlord not to compensate tenant for its value. See DJ Painting, Inc. v. Baraw Enters., Inc.,

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