Hello, last month I was in my house painting when I heard some kind of motorized equipment from out by the street. I thought it was just my neighbor doing something so I didn't really pay any attention to it. Then it sounded like the thing was right outside my window. I went outside just as a kid from a landscape company was finishing up putting chemical fertilizer all over my yard. It's not that big of a yard but almost a half acre. I told the guy he had the wrong house and he confirmed with the paperwork, apologized and drove away. Then I got a call over the weekend from the owner of the landscape company telling me I should pay for the treatment ($59) or he might have to take me to court. He said his lawyer told him that he could claim unjust enrichment, whatever that means. I told him no but now I'm wondering if I have a problem here. What do you think? Thanks.
Submitted by cornfuzzled on Fri, 11/04/2011 - 09:39
Posted in
Unjust enrichment
I don't think you have a problem. Unjust enrichment is an equitable concept in the law that means pretty much what it sounds like. Essentially, a person should not be allowed to benefit from a product or service that was unfairly obtained or accidentally provided. It's used by plaintiffs to ask a court for an equitable solution to a legal dispute. I don't think it applies here because forcing you to pay for something you did not ask for and, possibly, do not want, would not be fair either.
Typically, courts will consider applying the concept unjust enrichment when the plaintiff can show that (1) he gave the defendant something of value and expected payment; (2) the defendant accepted and benefited from whatever was provided; and (3) that it would be unfair keep the good or service without paying for it. In your case, you really do not have any choice about accepting the fertilizer. It's on your lawn in a million tiny granules, and it ain't coming off. If, for some crazy reason, the company decides to sue you in small claims court, you may decide to offer a settlement (maybe a discounted price) so you don't have to spend the day waiting for your case to be called.
A more appropriate application of unjust enrichment might be if, for example, the company delivered a load of mulch that you did not order. In that case, the company might go to small claims court and the judge might give you the option of allowing the company to retrieve the product or paying the fair value. Hope that helps.