An increasingly important tool in equitable remediation, the doctrine of unjust enrichment has deep roots in legal tradition stretching back to 1750 in the English case of Moses v. Macferlan when Lord Mansfield introduced this principle to the English legal system. Parallel to English tradition, by 1937, the United States Supreme Court had incorporated the doctrine in its own legal tradition, acknowledged in the landmark case of Stone v. White.
The fundamental theory of unjust enrichment was succinctly expressed in Restatement of Restitution for Unjust Enrichment (1936). This doctrine, which exists both in law and in equity, provides the basis for the substantive equitable remedy of restitution. This combination of historical doctrine and modern applicability makes it an indispensable practical addition to the Uniform Trust Code.
As shared by Charles E. Rounds, Jr. from Suffolk University in his recent article, the interplay and relationship between Restitution for Unjust Enrichment and the Uniform Trust Code is complex, yet vital for legal professionals navigating the landscape of modern equitable remedies. Unjust enrichment bolsters the comprehensive nature of our legal tradition, underpinning the very substance of restitution and offers a foundation upon which more complex constructs, such as the Uniform Trust Code, are built.