Unjust enrichment means the offender will benefit directly or indirectly from victim compensation assistance paid to the victim, or the victim’s total payments from victim compensation and collateral sources will exceed the victim’s compensable monetary losses due to the crime upon which the application is based.
Unjust enrichment. EU law and national law [14] It is easy to say that, as a matter of natural law, common law, civil law, sharia law or international law, where the outcome of a transaction is that a person has been “unjustly enriched” at another’s expense then that unjust enrichment must be reversed. It is, however, crucial to investigate what specific categories of transactions have led to this generalised outcome. This has led to many scholarly books on the “Law of Unjust Enrichment”, though such books do not cover all branches of the law which might broadly be considered to have the outcome of preventing someone being unjustly enriched e.g. contract law, property law, disgorgement of gains from misuse of a fiduciary position. Essentially, “unjust enrichment” has a “taxonomical function” referring to categories of cases where the law provides for restoration of what has been transferred from the claimant to 8 See paragraph [13] of the Claimants’ Originating Application, Record of Appeal, 144 - 148 and see Guyana’s Defence, Record of Appeal, 7729 - 7733. the defendant.9 The common law concerns itself with the concept of “unjust factors” while the civil law concerns itself with “lack of basis” or “lack of cause”. Some very distinguished scholars led by the late Xxxxxxxxx Xxxxx have made a case for the common law to move to the civil law approach but both approaches would seem to lead to the same conclusion in this case, so no more needs to be said about this issue.10 [15] The reference in Rudisa to Comateb is a useful starting point for examining ECJ cases where loose references were made to “unjust enrichment” without clarifying or explaining that concept. First, however, it is necessary to note that the ECJ “merely interprets the rules and principles of Community law (as well as deciding on the validity of provisions of Community law) whilst the task of deducing whether the provisions of national law to be applied in resolving the case are compatible with Community law is the responsibility of the national courts.”11 Cases involving allegations that national legislation is not compatible with European Community law are brought before national courts by persons whose rights are rooted in the direct effect of relevant provisions of EU law and reach the ECJ via a referral from the national courts. Thus, in all the ECJ passing on cases, the ECJ was focused upon national legislation that made specific provision for a passing on defence in respect of national taxes or charges ...
Unjust enrichment means any condition where a student takes a thing at the expense of another for his or her benefit regardless of his intent to gain.
Examples of Unjust enrichment in a sentence
Unjust enrichment has been upheld by one court and may make a plausi- ble alternative to claim compensation, if the researcher obtained a patent by wrongful interference with the legal rights of the donors in favour of personal profit.
Unjust enrichment determination shall not be based solely on the presence of the offender in the household at the time of the award.
Unjust enrichment payments for partitioned license areas shall be calculated based upon the ratio of the population of the partitioned license area to the overall population of the li- cense area and by utilizing the most re- cent census data.
Unjust enrichment payments for disaggregated spectrum shall be calculated based upon the ratio of the amount of spectrum disaggregated to the amount of spec- trum held by the licensee.[59 FR 44293, Aug.
Unjust enrichment (the amount demanded is excessive compared with the original debt).
More Definitions of Unjust enrichment
Unjust enrichment means retention of a benefit by a person that is unjust or inequitable. “Unjust enrichment” occurs when a person retains money or benefits which in justice, equity and good conscience, belong to someone else.’
Unjust enrichment means any condition where a student takes a thing at the expense of another for his or her benefit regardless of his intent to gain. b 96 SECTION 14. STUDENT GRIEVANCEStudents of De La Salle University are given the right to air their grievance against any member of the academic community. Grievances are best settled through sincere dialogue and discussion between the parties to a grievance, befitting a Lasallian academic community. Formal grievance may be pursued only as a last resort. The procedures in handling grievances are outlined in this section. For assistance, students are encouraged to drop by the Student Council Office located at SPS 302.
Unjust enrichment. EU law and national law [14] It is easy to say that, as a matter of natural law, common law, civil law, sharia law or international law, where the outcome of a transaction is that a person has been “unjustly enriched” at another’s expense then that unjust enrichment must be reversed. It is, however, crucial to investigate what specific categories of transactions have led to this generalised outcome. This has led to many scholarly books on the “Law of Unjust Enrichment”, though such books do not cover all branches of the law which might broadly be considered to have the outcome of preventing someone being unjustly enriched e.g. contract law, property law, disgorgement of gains from misuse of a fiduciary position. Essentially, “unjust enrichment” has a “taxonomical function” referring to categories of cases where the law provides for restoration of what has been transferred from the claimant to the defendant.9 The common law concerns itself with the concept of “unjust factors” while the civil law concerns itself with “lack of basis” or “lack of cause”. Some very distinguished scholars led by the late Xxxxxxxxx Xxxxx have made a case for the common law to move to the civil law approach but both approaches
Unjust enrichment means the reasonable value of the benefit that the party who misappropriated the trade secret has gained from disclosing or using the trade secret. A defendant’s profits may be an indication of unjust enrichment, but if you use PacifiCorp’s profits to calculate an amount of unjust enrichment, you must use the profits which are attributable to the misappropriation. You may not include as damages those profits that are attributable to PacifiCorp’s own independent efforts, skill, expertise, knowledge, innovation, and investment.
Unjust enrichment means retention of a benefit by a person that is unjust or inequitable.
Unjust enrichment. The credit union has the right to reverse a transaction, take collection action or demand restitution when a member profits or is unjustly enriched at the expense of another, or at the expense of the credit union because of a clerical or system error. The member will be required to make restitution for the reasonable value of any cash, negotiable instrument, property, services, or other benefits that have been unfairly received and retained. INACTIVE ACCOUNTS - If your account has had no activity for at least six (6) months, has less than a $50.00 aggregate balance and no open loans, it can be assessed an “Inactive Account Fee” as disclosed in the schedule of Fees & Charges (or any part therein, if your account balance is below the fee) each quarter, for as long as the account remains inactive. If your account reaches a zero balance, it will be closed. To reactivate your account and avoid the fee, please contact the credit union.
Unjust enrichment is where a benefit has been conferred and accepted by one party but the other party has received nothing in return. Again justice requires a remedy. (The remedy is Restitution). (Not available to anyone who has fully performed.)