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 South Carolina, the doctrine of unjust enrichment is recognized and applied by the courts when one party has been unjustly enriched at the expense of another, and there is no valid contract governing the transaction between them. This doctrine is rooted in the principles of equity, aiming to prevent one party from retaining a benefit or profit that in fairness belongs to another. The courts in South Carolina will look at the circumstances of each case to determine if an implied or quasi-contractual obligation exists, which would require the enriched party to make restitution. The key factors include whether a benefit was conferred upon the defendant by the plaintiff, whether the defendant realized this benefit, and whether it would be inequitable for the defendant to retain the benefit without paying for its value. Unjust enrichment claims in South Carolina are not based on the presence of wrongful conduct but rather on the notion that it is unjust for one party to retain benefits that rightfully belong to another. The remedy sought through this doctrine is typically restitution, which is the return of the benefit or its value to the party who has been disadvantaged.