Bubba Gump reminds us that quasi-contract is not an equitable claim and is not available where a real contract exists
When lawyers bring lawsuits alleging a breach of contract, they often include claims for unjust enrichment. As the Court of Special Appeals recently explained, however, those efforts are often doomed to failure. In AAC HP Realty, LLC v. Bubba Gump Shrimp Co. Restaurants, Inc., __ Md. App. __ (Oct. 31, 2019), in an opinion authored by Judge Kevin Arthur, the Court reminded the bar of two points that pertain to unjust enrichment. The first is “the general rule that unjust enrichment is unavailable when the parties have an enforceable contract.” Slip Op. at 5. And the second is that an unjust enrichment claim seeking a money judgment is not an equitable claim (despite a widespread mistaken belief to the contrary), but is instead a quasi-contractual claim that is an action at law. Id. at 8 n.5.
Bubba Gump is a seafood restaurant in Baltimore’s Harborplace. It leases space from AAC, pursuant to a lease that obligates Bubba Gump to pay monthly rent, “without deduction or set-off.” Id. at 2. The lease requires AAC to maintain the common areas, which the lease calls “Joint Use Areas,” and to keep those areas in “good order and repair.” Read More…
Last week, the Maryland Court of Appeals granted review in three civil cases and two civil cases. Two of the civil cases are on petitions by Baltimore City Solicitor Andre Davis. The third is from a Court of Special Appeals opinion (criticized in a post by Alan Sternstein) that reversed a $45 million judgment against Harford County.