The receipt of a profit by somebody with out simply trigger, on the expense of one other, constitutes a authorized flawed the place the recipient ought to, in equity, return the profit. For instance, a contractor mistakenly paves the flawed driveway, considerably growing the property worth. The home-owner receives a transparent benefit, although not requested, on the contractor’s detriment.
This precept serves as a basis of equity in authorized techniques, stopping people from unfairly retaining benefits gained by means of mistake, coercion, or different inequitable circumstances. Its historic roots hint again to Roman legislation, demonstrating its enduring significance in sustaining equitable financial interactions and deterring exploitative habits.
