Discussion: Restitution is available as a touch on when the Court finds a contract implied in law exists "to resist unjust enrichment." Swindell v. Crowson, 712 So.2d 1163 (Fla.App. 2 Dist. 1998). The individual in whose favor amends is found is entitled to the reasonable note value of any services rendered. The elements which must be present before an action for unjust enrichment will lie are: (1) "benefit conferred upon defendant by plaintiff; (2) defendant's appreciation of benefit; and (3) defendant's toleration and retention of benefit under circumstances that make it inequitable for defendant to retain benefit without paying value of the benefit." Ruck Bros. Brick v. Kellogg & Kimsey, 648 So.2d 205 (Fla.App. 2 Dist. 1995).
were clearly present in this baptistry. Rowling make significant contributions to the content and format of Mentor's manuscript which, by his acceptance thereof, Mentor fully appreciated.
The success or failure of Rowling's case will, therefore, turn on whether it would be inequitable to permit Mentor to retain the benefits of her services without compensating her therefor.
Conclusion: For the reasons stated above, Rowlings has a sustainable cause of action for unjust enrichment against Mentor.
The awareness of Mentor of the value of Rowlings' services is crystal clear while Mr. Swindell spent a good deal of the period in question in a nurse home. We will have to deal with the contention that Rowlings, who was in cacoethes with Mentor, intended to donate her services. Nevertheless, she viewed Mentor's novel writing as a joint endeavor in view of their forthcoming marital plans. Moreover, in weighing the equities of the situation, Mentor's behavior is one of calculated ungratefulness and of taking unfair advantage of Rowlings, once her work function produce a favorable outcome. It would be quite unfair for her to go compl
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