Legal Definitions - in rem versum

In rem versum is a Latin legal principle that describes a situation where one party has received a benefit or advantage, often at the expense of another party, without a formal contract or agreement justifying that benefit. It essentially means that one person has been "enriched" by something that rightfully belongs to or should have been paid for by another, leading to a potential claim for restitution or compensation for this unjust enrichment.

• Example 1: Mistaken Construction

  A construction company is hired by Mr. Henderson to build a new driveway. Due to an error in reading the property lines, the company mistakenly paves a portion of his neighbor Ms. Rodriguez's land, significantly improving her property's access. Ms. Rodriguez did not request or pay for this work.

  This illustrates in rem versum because Ms. Rodriguez has received a clear advantage—a new, improved driveway section—that was intended for Mr. Henderson and paid for by him. She has been enriched at Mr. Henderson's expense without any agreement on her part to pay for it.

• Example 2: Unsolicited Emergency Repairs

  While Mr. Kim is away on an extended trip, a severe storm causes a tree to fall and damage his roof, leaving his house vulnerable to further water damage. His neighbor, Ms. Lee, notices the damage and, unable to reach Mr. Kim, hires a roofing company to perform emergency repairs to prevent more extensive harm to his property.

  Here, Mr. Kim has received a direct benefit and advantage (in rem versum)—his roof was repaired, preventing further damage to his home—due to Ms. Lee's proactive actions and expense, without any prior agreement between them for such work.

• Example 3: Accidental Delivery of Goods

  A furniture store accidentally delivers and assembles a custom-ordered, high-value dining set at Ms. Davies's home instead of the intended customer, Mr. Evans. Ms. Davies realizes the mistake but decides to keep the furniture and enjoy its use, rather than reporting the error.

  This scenario demonstrates in rem versum because Ms. Davies has received a significant benefit and advantage—a valuable dining set—that was intended for someone else and for which she has not paid. She has been enriched at the furniture store's (and potentially Mr. Evans's) expense.