In order to recover in restitution the plaintiff must establish, first, that a legal benefit was conferred upon the defendant and, second, that the retention of that benefit was unjust. The problem of determining what constitutes a legal benefit in the cases of restitution under the statute of frauds is discussed in another article. The purpose of this article is to examine what does or does not constitute an unjust retention in such cases, including some of the grounds on which the defendant may successfully contend that his retention of a benefit is not unjust.

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