Unjust enrichment is a cause of action whilst restitution is a remedial action. Yet, unusually and for yet-be-known reason(s), restitution has, for years, been studied as a distinct area of law with little or no recognition of unjust enrichment as a common law doctrine.

This article outlines and highlights the basic meaning, features, principles as well as the gradual development of unjust enrichment into a distinct area of law, especially as it relates to mistaken payment.

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