Elements

• Florida has definite ideas on what constitutes a contract.handshake image by Peter Baxter from Fotolia.com
  
  In a dispute between two parties, the date used as the beginning point for the statute of limitations is typically the date the contract is signed. The Florida Supreme Court defines unjust enrichment as "a benefit conferred upon a defendant by the plaintiff, the defendant's appreciation of the benefit and the defendant's acceptance and retention of the benefit under the circumstances that make it inequitable for him to retain it without paying the value thereof."
  
  

Statute of Limitations

• The Florida statute of limitations for unjust enrichment, as outlined in Florida Statute 95.11(3)(k), is four years from the date of the contract or agreement between the two disputing parties.
  
  

Defenses

• If you are accused of unjust enrichment in Florida, there are three main defenses. These defenses include the express contract, payment made and received in good faith. If it can be shown an express contract exists between the two parties, it will prevent the court from finding for the injured party. If it can be proven that a payment has been made, unjust enrichment is not applicable. And finally, if both parties have benefited from the exchange in good faith in some way, there can be no recompense.