Quasi-contract / Restitution

When a contract fails or is unenforceable, a plaintiff may recover in restitution to prevent unjust enrichment. Restitution requires: (1) the plaintiff conferred a non-gratuitous benefit upon the defendant, (2) the defendant knew of and accepted or retained the benefit under circumstances indicating payment was expected, and (3) the defendant would be unjustly enriched if permitted to retain the benefit without compensating the plaintiff.