Unjust Enrichment and Quasi-Contract (Muluki Civil Code 2074)

Exam Snapshot

Unjust enrichment occurs when one party gains a benefit at the expense of another without a legal basis, creating an obligation to return the benefit. The Muluki Civil Code 2074 treats this as an "Undue Gain," which acts as a quasi-contractual remedy where the law imposes an obligation on the person who has been unjustly enriched to make restitution to the other party.

Core Concept

Nepal Law Anchors

Confusable Terms

MCQ Traps

Example

If Bank A accidentally credits Person X's account with 1,000,000 NPR instead of the intended recipient, Person Y, Person X is "unjustly enriched." Under Section 600 of the Muluki Civil Code, Person X has a legal obligation to return this amount to the Bank or the rightful owner. If they refuse, it becomes a legal cause of action.

Memory Hook

"No one should profit at another's loss; if you take it by mistake, you must pay it back."

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