PROC 200 Lecture Notes - Lecture 16: Private Law, Public Law, Precautionary Principle
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Is there an enrichment for rita: yes, the website for rita is still running, still working. Absence of justification: this is the most difficult condition to satisfy (1494); Absence of any other remedy: paul could sue its directly for breach of contract. Its could still pay paul (could be another remedy: but paul"s right is extinguished by the prescription period. Yes between paul and its, but no because there was no right in the first place, because between him and a 3rd party. The extinctive prescription period on a claim in unjust enrichment is 3 years (2925 ccq) and starts on the first day the action could have been brought (e. g. when all the conditions are met or could be shown). But if you didnt take advantage of the right you had during the prescription period, then you can not sue in unjust enrichment (ppt)relationship between the law of obligations and other legal domains: