Texas Causes of Action & Affirmative Defenses

Texas Causes of Action & Affirmative Defenses

Need a little legal ammo? Search for caselaw on legal theories and defenses here:

Wednesday, October 16, 2013

Quasi-contract theories: Money had and received

Money Had and Received and Unjust Enrichment 
as theories of recovery under Texas law 
Unjust enrichment and money had and received are examples of quasi-contract theories. See Fortune Prod. Co. v. Conoco, Inc., 52 S.W.3d 671, 684 (Tex. 2000); Merry Homes, Inc. v. Luc Dao, 359 S.W.3d 881, 883 (Tex. App.-Houston [14th Dist.] 2012, no pet.). A quasi-contract, or a "contract implied in law," is "not a contract at all but an obligation imposed by law to do justice even though it is clear that no promise was ever made or intended." Bank of Am. v. Jeff Taylor LLC, 358 S.W.3d 848, 856 (Tex. App.-Tyler 2012, no pet) (quoting Fortune Prod. Co., 52 S.W.3d at 684).

Unjust enrichment occurs when the person sought to be charged has wrongfully secured a benefit or has passively received one that it would be unconscionable to retain. Villareal v. Grant Geophysical, Inc., 136 S.W.3d 265, 270 (Tex. App.-San Antonio 2004, pet. denied). "To prove a claim for money had and received, a plaintiff must show that a defendant holds money which in equity and good conscience belongs to him." MGA Ins. Co. v, Charles R. Chesnutt, P.C., 358 S.W.3d 808, 814 (Tex. App.-Dallas 2012, no pet.); accord Edwards v. Mid-Continent Office Distrib., L.P., 252 S.W.3d 833, 837 (Tex. App.-Dallas 2008, pet. denied).

SOURCE: DALLAS COURT OF APPEALS - 05-12-00534-CV - 6/19/2013