Florida Statute of Limitations on Unjust Enrichment

Unjust enrichment in Florida allows injured parties in contract disputes to recover lost money.

When a Florida business contract is broken, the agreement between two parties may turn into a dispute. Unjust enrichment is one method of recovering funds or items in dispute.

Elements

Florida has definite ideas on what constitutes a contract.

In a dispute between two parties, the date used as the beginning point for the statute of limitations is typically the date the contract is signed. The Florida Supreme Court defines unjust enrichment as "a benefit conferred upon a defendant by the plaintiff, the defendant's appreciation of the benefit and the defendant's acceptance and retention of the benefit under the circumstances that make it inequitable for him to retain it without paying the value thereof."

Statute of Limitations

The Florida statute of limitations for unjust enrichment, as outlined in Florida Statute 95.11(3)(k), is four years from the date of the contract or agreement between the two disputing parties.

Defenses

If you are accused of unjust enrichment in Florida, there are three main defenses. These defenses include the express contract, payment made and received in good faith. If it can be shown an express contract exists between the two parties, it will prevent the court from finding for the injured party. If it can be proven that a payment has been made, unjust enrichment is not applicable. And finally, if both parties have benefited from the exchange in good faith in some way, there can be no recompense.

References

• The Florida Legal Blog: Unjust Enrichment
• Florida Estate Planning Lawyer Blog: Florida Unjust Enrichment and Breach of Contract
• Florida Senate: The 2010 Florida Statutes: 95.11

Resources

• Florida Senate: The 2010 Florida Statutes: 95.11