• Tenant's Common Law Right to a Lease Buy Out
  • June 10, 2003 | Author: Gregory G. Gosfield
  • Law Firm: Dechert LLP - Philadelphia Office
  • The doctrine of unjust enrichment is a doctrine used by courts to rebalance equities where no contract otherwise protected the victim. Though in simple terms it is intended to prevent someone from wrongfully reaping a windfall, courts in Pennsylvania have been using it to compel innocent enriched parties to repay foolish volunteers the value of their contributions. Ignoring the principle that a contribution is volunteered if there is no agreement for payment, the courts have looked for third parties to pay for the enrichment by declaring it unconscionable. The exposition of unjust enrichment in three Pennsylvania cases will at least cause surprise. It should cause alarm.