What is juristic reason?
“Juristic reason” means a reason/explanation based upon law for the enrichment of one at the detriment of another. If there was a juristic reason for the enrichment, then it was not “unjust” and the courts will not provide a remedy.
What are the exceptions to unjust enrichment?
(v) the duty and interest borne by the buyer, if he had not passed on the incidence of such duty and interest to any other person; (vi) the duty and interest borne by any other such class of applicants as the Central Government may, by notification in the Official Gazette, specify.
Is there a cause of action for unjust enrichment?
The elements of a cause of action to recover for unjust enrichment are (1) the defendant was enriched, (2) at the plaintiffs expense, and (3) that it is against equity and good conscience to permit the defendant to retain what is sought to be recovered.
What juristic means?
1 : of or relating to a jurist or jurisprudence juristic thought. 2 : of, relating to, or recognized in law juristic theory. Other Words from juristic More Example Sentences Learn More About juristic.
Is a company a juristic person?
a body recognized by the law as being entitled to rights and duties in the same way as a natural or human person, the common example being a company.
What is the meaning of juristic person?
An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person. See also international legal personality.
Is there an absence of a juristic reason for the enrichment?
There is an absence of a juristic reason for the enrichment. This blog is intended to look at the last part of the unjust enrichment test and what exactly the court means by “juristic reason” and what the courts have found such reasons to include.
Which is the best definition of unjust enrichment?
Unjust enrichment is an independent cause of action whereby the plaintiff seeks either a monetary or proprietary award against the defendant. The basis for the claim is that the defendant was enriched at the plaintiff’s expense without juristic reason.
Which is the best definition of a juristic reason?
“Juristic reason” means a reason/justification based upon law for the enrichment of one person at the detriment of another. If there is a juristic reason for an enrichment then it is not “unjust” and the court will not grant a remedy on the basis of unjust enrichment.
