unjust enrichment doctrine in Vermont

2025Unjust Enrichment According to the doctrine of unjust enrichment, “ ‘a party who receives a benefit must return the benefit if retention would be inequitable.’ ” Beldock v. VWSD, LLC, 2023 VT 35, ¶ 68 , 218 Vt. 144 (quoting Kellogg v. Shushereba, 2013 VT 76, ¶ 22 , 194 Vt. 446 ).

2025Unjust Enrichment According to the doctrine of unjust enrichment, “ ‘a party who receives a benefit must return the benefit if retention would be inequitable.’ ” Beldock v. VWSD, LLC, 2023 VT 35, ¶ 68 , 218 Vt. 144 (quoting Kellogg v. Shushereba, 2013 VT 76, ¶ 22 , 194 Vt. 446 ).

2012Under the doctrine of unjust enrichment, “a party who receives a benefit must return [it] if retention would be inequitable.” Gallipo v. City of Rutland, 2005 VT 88, ¶ 41 , 178 Vt. 244 , 882 A.2d 1177 .

2012Under the doctrine of unjust enrichment, “a party who receives a benefit must return [it] if retention would be inequitable.” Gallipo v. City of Rutland, 2005 VT 88, ¶ 41 , 178 Vt. 244 , 882 A.2d 1177 .

2024In support of this position, Plaintiff cites Kwon v. Edson, 2019 VT 59, ¶ 27 , as standing for the proposition that the existence of a contract does not preclude recovery pursuant to an unjust enrichment claim.

2023Roland Dashiell & Sons, Inc., 747 A.2d 600 , 607-08 & n.8 (Md. 2000) 13 Compare, e.g., Soon Kwon v. Edson, 2019 VT 59, ¶ 27 , 210 Vt. 557 , 217 A.3d 935 (“The existence of a contract does not preclude recovery pursuant to an unjust-enrichment claim, but the existence of a contract and the terms of that contract are highly relevant in determining whether denying further payment is unjust.” (quotation and alteration omitted)), with Masiello Real Est., Inc. v. Matteo, 2021 VT 81, ¶ 29 , 215 Vt. 607 , 266 A.3d 1243 (concluding that, to extent plaintiff sought compensation for actions defendant too

2023We concluded so again in DJ Painting, Inc. on similar facts, the only difference being the subcontractor sought payment for services rather than materials. 172 Vt. at 243-44 , 776 A.2d at 417-18 .

2019The existence of a contract does not preclude recovery pursuant to an unjust-enrichment claim, but the existence of a contract and the terms of that contract are “highly relevant in determining whether denying further payment . . . is unjust.” Id.

2020Pierre, 2018 VT 122, ¶ 18 , 209 Vt. 1 , 201 A.3d 978 (quotation omitted).

2020Pierre, 2018 VT 122, ¶ 18 , 209 Vt. 1 , 201 A.3d 978 (quotation omitted).

2026It must be a realistic determination based on a broad view of the human setting involved.’” Mueller v. Mueller, 2012 VT 59 , ¶¶ 28–29, 192 Vt. 85 , 96–97 (citations omitted).

2026It must be a realistic determination based on a broad view of the human setting involved.’” Mueller v. Mueller, 2012 VT 59 , ¶¶ 28–29, 192 Vt. 85 , 96–97 (citations omitted).

2025To state a claim for unjust enrichment, Plaintiffs must allege that “ ‘(1) a benefit was conferred on defendant; (2) defendant Decision on Motion to Dismiss Page 2 of 5 24-CV-03626 Bryant Lagasse et al v. Charlie Lord et al accepted the benefit; and (3) defendant retained the benefit under such circumstances that it would be inequitable for defendant not to compensate plaintiff for its value.’ ” Reed v. Zurn, 2010 VT 14, ¶ 11 , 187 Vt. 613 (quoting Center v. Mad River Corp., 151 Vt. 408, 412 (1989)).

2025To state a claim for unjust enrichment, Plaintiffs must allege that “ ‘(1) a benefit was conferred on defendant; (2) defendant Decision on Motion to Dismiss Page 2 of 5 24-CV-03626 Bryant Lagasse et al v. Charlie Lord et al accepted the benefit; and (3) defendant retained the benefit under such circumstances that it would be inequitable for defendant not to compensate plaintiff for its value.’ ” Reed v. Zurn, 2010 VT 14, ¶ 11 , 187 Vt. 613 (quoting Center v. Mad River Corp., 151 Vt. 408, 412 (1989)).

2025Even were the court to Entry Regarding Motion Page 4 of 5 25-CV-01368 Tyler Hirchak et al v. Garret Hirchak Finally, in their opposition to the motion to dismiss, plaintiffs request leave to amend their complaint. “[T]rial courts are to be liberal in permitting amendments to the pleadings.” PeakCM, LLC v. Mountainview Metal Sys., LLC, 2025 VT 50, ¶ 17 .

2024The law-of-the-case doctrine “normally does not bind the trial court,” Kneebinding, Inc. v. Howell, 2018 VT 101, ¶ 31 , 208 Vt. 578 , and the court may depart from the doctrine “in a proper case,” Morrisseau v. Fayette, 164 Vt. 358, 364 (1995) (quotation omitted).

2023Roland Dashiell & Sons, Inc., 747 A.2d 600 , 607-08 & n.8 (Md. 2000) 13 Compare, e.g., Soon Kwon v. Edson, 2019 VT 59, ¶ 27 , 210 Vt. 557 , 217 A.3d 935 (“The existence of a contract does not preclude recovery pursuant to an unjust-enrichment claim, but the existence of a contract and the terms of that contract are highly relevant in determining whether denying further payment is unjust.” (quotation and alteration omitted)), with Masiello Real Est., Inc. v. Matteo, 2021 VT 81, ¶ 29 , 215 Vt. 607 , 266 A.3d 1243 (concluding that, to extent plaintiff sought compensation for actions defendant too

2023Roland Dashiell & Sons, Inc., 747 A.2d 600 , 607-08 & n.8 (Md. 2000) 13 Compare, e.g., Soon Kwon v. Edson, 2019 VT 59, ¶ 27 , 210 Vt. 557 , 217 A.3d 935 (“The existence of a contract does not preclude recovery pursuant to an unjust-enrichment claim, but the existence of a contract and the terms of that contract are highly relevant in determining whether denying further payment is unjust.” (quotation and alteration omitted)), with Masiello Real Est., Inc. v. Matteo, 2021 VT 81, ¶ 29 , 215 Vt. 607 , 266 A.3d 1243 (concluding that, to extent plaintiff sought compensation for actions defendant too

2023In Morrisville Lumber Co., we denied the subcontractor’s unjust-enrichment claim against the owner for materials the subcontractor supplied to the general contractor where the owner paid the general contractor for all the benefits that the owner had received. 148 Vt. at 184 , 531 A.2d at 889 .

2023In Morrisville Lumber Co., we denied the subcontractor’s unjust-enrichment claim against the owner for materials the subcontractor supplied to the general contractor where the owner paid the general contractor for all the benefits that the owner had received. 148 Vt. at 184 , 531 A.2d at 889 .

2023Roland Dashiell & Sons, Inc., 747 A.2d 600 , 607-08 & n.8 (Md. 2000) 13 Compare, e.g., Soon Kwon v. Edson, 2019 VT 59, ¶ 27 , 210 Vt. 557 , 217 A.3d 935 (“The existence of a contract does not preclude recovery pursuant to an unjust-enrichment claim, but the existence of a contract and the terms of that contract are highly relevant in determining whether denying further payment is unjust.” (quotation and alteration omitted)), with Masiello Real Est., Inc. v. Matteo, 2021 VT 81, ¶ 29 , 215 Vt. 607 , 266 A.3d 1243 (concluding that, to extent plaintiff sought compensation for actions defendant too

2023Citing § 30 of the Restatement Third of Restitution and Unjust Enrichment, we have stated that: a claim of unjust enrichment for benefits conferred on the recipient by the claimant’s unrequested intervention is available only to the extent that “(a) liability in restitution replaces a money obligation or 32 spares the recipient necessary expense; (b) the recipient obtains a benefit in money; or (c) relief may be granted to the claimant by specific restitution.” Birchwood Land Co. v. Krizan, 2015 VT 37, ¶ 11 , 198 Vt. 420 , 115 A.3d 1009 (quoting Restatement (Third) of Restitution and Unjust En

2023Citing § 30 of the Restatement Third of Restitution and Unjust Enrichment, we have stated that: a claim of unjust enrichment for benefits conferred on the recipient by the claimant’s unrequested intervention is available only to the extent that “(a) liability in restitution replaces a money obligation or 32 spares the recipient necessary expense; (b) the recipient obtains a benefit in money; or (c) relief may be granted to the claimant by specific restitution.” Birchwood Land Co. v. Krizan, 2015 VT 37, ¶ 11 , 198 Vt. 420 , 115 A.3d 1009 (quoting Restatement (Third) of Restitution and Unjust En

2021Evaluating an unjust enrichment claim “involves a realistic determination based on a broad view of the human setting involved rather than a limited inquiry confined to an isolated transaction.” Savage v. Walker, 2009 VT 8, ¶ 8 , 185 Vt. 603 , 969 A.2d 121 (mem.) (quotation omitted). 7 ¶ 17.

2021Evaluating an unjust enrichment claim “involves a realistic determination based on a broad view of the human setting involved rather than a limited inquiry confined to an isolated transaction.” Savage v. Walker, 2009 VT 8, ¶ 8 , 185 Vt. 603 , 969 A.2d 121 (mem.) (quotation omitted). 7 ¶ 17.

2018Morse v. Kenney , 87 Vt. 445 , 449, 89 A. 865 , 867 (1914) ("A quasi or implied contract is one where liability exists from implication of law arising from facts and circumstances, independent of agreement or presumed intention, based on the doctrine of unjust enrichment; the implied agreement being one defining the duty of the defendant rather than his intention." (quotation omitted) ).

2018Morse v. Kenney , 87 Vt. 445 , 449, 89 A. 865 , 867 (1914) ("A quasi or implied contract is one where liability exists from implication of law arising from facts and circumstances, independent of agreement or presumed intention, based on the doctrine of unjust enrichment; the implied agreement being one defining the duty of the defendant rather than his intention." (quotation omitted) ).

2015In arguing that an unjust enrichment claim is proper here, Birchwood relies on Storms v. Bergsieker, 835 P.2d 738 (Mont. 1992), which involved a claim of unjust enrichment for repairs over a shared roadway.