Although there was no agreement in place requiring pay-back of the money, could the group still try to re-claim the money through an unjust enrichment suit?
Besides the money distibution scheme, the group has rules and regulations which provide that it shall support members in times of joy (weddings, graduations, births) and sorrow (death of a close family member) with a certain pre-detrmined amount of money, drawn out of a general support fund towards which all members contribute yearly.
Mr. A claims that the reason he stopped attending meetings and participating in the money distribution scheme was because the group failed to give him the financial support he was due, out of the general support fund, when he lost his sister. The fact notwithstanding that he had dutifully made yearly payments into the fund, as required by the rules.
Would this be a viable defense to an unjust enrichment claim, if such claim can be brought?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).