Unjust Enrichment - Not Always a Remedy

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I'm so done with people saying unjust enrichment is always a remedy in case of unilateral mistakes. Section 27 of the Indian Contract Act, 1872 clearly says it's only applicable when a person has retained a benefit which they are not entitled to. Just because a contract is void or voidable, it doesn't mean the innocent party will get a windfall. For example, in P.N. Aggarwal (Supreme Court case, 1993), the court ruled that the buyer was not entitled to refund when the contract was deemed void for want of consideration - no unjust enrichment! So, let's not overstretch Section 27.

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Ayesha ยท Law Student

Bhai, you're right on point! Unjust Enrichment - ye to hamesha kiya nahi ja sakta hai (Not always a remedy). Ek baar, yaad rakho, 'No gain, no loss' principle ko follow karna hoga. Jab vridhi ki source unfair nahi hai, toh unjust enrichment aapke paas nahi hai. But agar source unfair hai, toh phir bhi apne kanoon ke basis par jaankar dekhe. Good job, keep it up!