Under Illinois law, there is a cause of action that exists which allows a plaintiff to bring a lawsuit to recover for losses in situations where there was no contractual agreement between the parties: unjust enrichment.
Similar to a breach of contract claim, a claim for unjust enrichment seeks to restore a plaintiff for the losses that were incurred as a result of the defendant’s unjust retention of plaintiff’s property and/or money. For example, if you paid someone for goods or services that were never delivered, or you turned valuable property over to another person with the understanding it would be used for a certain purpose or you would be paid.
Oftentimes, parties who execute transactions of substantial value without the consult of an attorney may think they are forming a valid contract, but a court of law may determine otherwise. Pleading a second count for unjust enrichment may protect a plaintiff from this decision by a court.
