Legal Question in Business Law in Florida

Unjust enrichment
I need information on the Florida rules regarding unjust enrichment, cases on point, citations, etc.

The example is - 1) A sum of money is loaned from "A" to "B", with no security, but with a promise to repay in one month.

2) The reason for lack of security is that the friendship is close, and that "B" is property rich,
indicating no difficulty in raising the money when it is needed.

3) property is owned by a corporation which is wholly owned by "B". The money is needed for, and used, to pay the debts of the corporation...going from "B"'s right hand to the left hand

3)The loan matures, "B" refuses to do anything to repay the loan, stating that "B" has no money and is judgment proof as far as the corporate assets are concerned.

4) The queation is - Can the corporation be held liable for the loan because it was unjustly enriched, and because of the sole ownership by the recipient of the loan?

Asked on 3/08/00, 7:14 pm

Randall Reder Randall O. Reder, P.A.

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0 attorneys agreed

Re: Unjust enrichment

Unjust enrichment is one theory you can go on.

Piercing a corporate veil is another. However, that

requires proof that the Defendant used the corporation

with the intent to defraud. As each case depends

on all the facts and circumstances, no one can provide

you with a definite answer. I strongly suggest you

make an appointment and discuss the matter in depth

with an attorney.

Answered on 3/22/00, 8:10 pm

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