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Case Citations [1] (July 2021 - April 2022)

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                                 RESTITUTION 2D




     Work on the Restatement Second of Restitution was suspended after the publication of two Tentative
                                       Drafts in 1983 and 1984.

   Generally

   Md.Spec.App.2021.   Cit. generally in treatise cit. in ftn. Landlord brought, among other things, a claim
   for unjust enrichment against illegal occupants of premises, alleging that tenant improperly permitted
   defendants to make use of the premises without paying rent to plaintiff. The trial court entered judgment
   for defendants. This court affirmed, holding that plaintiff did not have a claim for unjust enrichment
   against defendants, because the fact that tenant conferred a benefit onto defendants did not necessarily
   mean that defendants' enrichment was unjust. The court noted that it drew a modern iteration of this
   doctrine from the Restatement Third of Restitution and Unjust Enrichment, which served as a successor
   to the Restatement Second of Restitution. Clark Office Building, LLC v. MCM Capital Partners, LLLP,
   245 A.3d 186, 196.



                   CHAPTER 1. UNDERLYING PRINCIPLES OF RESTITUTION

   § 1. The General Principle: Unjust Enrichment

   Md.Spec.App.2021.   Quot. in sup. (quoting § 1 of T.D. No. 1, 1983). Landlord brought, among other
   things, a claim for unjust enrichment against illegal occupants of premises, alleging that tenant
   improperly permitted defendants to make use of the premises without paying rent to plaintiff. The trial
   court entered judgment for defendants. This court affirmed, holding that plaintiff did not have a claim
   for unjust enrichment against defendants, because the fact that tenant conferred a benefit onto
   defendants did not necessarily mean that defendants' enrichment was unjust. The court quoted
   Restatement Second of Restitution § 1 in defining the elements of an unjust-enrichment claim, and
   explained that plaintiff's relief for benefits received by defendants was available through taking legal
   action against tenant. Clark Office Building, LLC v. MCM Capital Partners, LLLP, 245 A.3d 186, 196.













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