Unjust enrichment is a legal term that refers to a situation where one party has received a benefit or enrichment at the expense of another party, without any legal basis for doing so. It is a concept that exists in both contract and tort law, and applies in various situations, including cases of fraud, mistake, and breach of contract.

The question of whether unjust enrichment requires a contract is an interesting one, as it touches on the fundamental principles of contract law, and the ways in which the law seeks to protect parties from unjust and unfair outcomes.

At its core, unjust enrichment is based on the notion that one party should not be allowed to benefit at the expense of another party, without an underlying legal basis for doing so. This is why it is often referred to as a “quasi-contractual” concept, as it seeks to impose obligations and duties on parties who are not bound by a formal contract.

However, it is important to note that the existence of a contract can often be a key factor in determining whether unjust enrichment has occurred. This is because contracts establish the legal basis for the exchange of goods and services, and can therefore provide a framework for deciding whether one party has received a benefit from the other party without any corresponding obligation or payment.

For example, suppose that Party A and Party B enter into a contract for the sale of a car. If Party B fails to pay the agreed upon price for the car, Party A could potentially sue for unjust enrichment, as Party B would have received the benefit of the car without fulfilling their contractual obligation to pay for it.

In such cases, the existence of a contract can be critical in establishing the legal basis for the exchange, and determining whether unjust enrichment has occurred. However, it is important to note that unjust enrichment can also exist outside of a contractual relationship, such as in cases of fraud, or where one party has intentionally or negligently caused harm to another.

Ultimately, the question of whether unjust enrichment requires a contract is a complex one that depends on a variety of factors and circumstances. However, it is clear that the existence of a contract can be a critical factor in determining whether unjust enrichment has occurred, and in seeking to protect parties from unfair and unjust outcomes. As such, it is important for both individuals and businesses to understand the legal principles of unjust enrichment, and to seek expert legal advice when dealing with potentially complex or contentious legal issues.