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 Vermont, the doctrine of unjust enrichment is recognized and applied by courts when one party has received a benefit unjustly at the expense of another, and there is no enforceable contract covering the transaction between them. This doctrine is rooted in principles of equity, aiming to prevent one party from being unjustly enriched at the expense of another. To establish a claim for unjust enrichment in Vermont, a plaintiff must typically show that a benefit was conferred upon the defendant, the defendant appreciated or knew of the benefit, and it would be inequitable for the defendant to retain the benefit without paying for its value. Vermont courts will look at the specifics of each case to determine if an implied or quasi-contractual obligation exists, and whether restitution is warranted to address the imbalance created by the unjust enrichment. This remedy is not based on the existence of wrongdoing but is instead focused on the fairness of the situation and the prevention of an unconscionable result. An attorney can provide guidance on the likelihood of success of an unjust enrichment claim and the potential remedies available under Vermont law.