The doctrine of unjust enrichment applies the principles of restitution to disputes that are not governed by a contract between the parties. It characterizes the result of a failure to make restitution under circumstances that give rise to an implied or quasi-contractual obligation to return those benefits.

The courts describe this claim in general principles. For example, courts have stated that a claim for unjust enrichment seeks to restore money where equity and good conscience require restitution; it is not premised on wrongdoing, but seeks to determine to which party, in equity, justice, and law, the money belongs; and it seeks to prevent unconscionable loss to the payor and unjust enrichment to the payee.

Because recovery based on unjust enrichment of another party relies on the court's sense of fairness or equity rather than the law, it is often referred to as the equitable doctrine of unjust enrichment.

In Georgia, the doctrine of unjust enrichment is recognized and applied by the courts when one party has received a benefit unjustly at the expense of another, and there is no valid contract governing the transaction between the parties. This doctrine is rooted in principles of equity, aiming to prevent one party from being unjustly enriched at the expense of another. Georgia courts will consider an unjust enrichment claim when a party has received a benefit that in fairness and good conscience they should not be allowed to retain. The remedy typically involves restitution, where the enriched party is ordered to compensate the party who suffered a loss. This doctrine is not based on the presence of wrongful conduct but rather on the equitable principle that it is unjust for a party to retain benefits without paying for them when there is no legal contract. The key elements that must be established in Georgia for an unjust enrichment claim include the receipt of a benefit by the defendant, which would be unjust for them to retain without payment, and the absence of a legal contract that justifies the retention of the benefit.