Also, that one might instead say that

a person is enriched if, and only if, the transferred value is still retained

As I understand the rules on pleading actions in unjust enrichment, it is enough for a claimant to show that the defendant was enriched by receipt of a benefit at the claimant's expense, and there is no need for the claimant to show that the defendant is still enriched at the time of his action, although it may be to his advantage to do so if the value surviving in the defendant's hands is greater than the value received and he wishes to claim the larger sum (cf Jones v Jones).

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Dr Charles Mitchell
Lecturer in Law
School of Law
King's College London
Strand
LONDON WC2R 2LS

tel: 020 7848 2290
fax: 020 7848 2465
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