Fla. Std. Jury Instr. (Contract & Bus.) 416.40

(Claimant) claims that (defendant) has received money which [he] [she] [it] ought to refund to (claimant). To establish this claim, (claimant) must prove all of the following:

1. (Defendant) received (claimant’s) money;

2. (Defendant) received the money as the result of (insert brief summary of basis of claim); and

3. The circumstances are such that (defendant) should, in all fairness, be required to return the money to (claimant).

SOURCES AND AUTHORITIES FOR 416.40

1. The common law action for money had and received derives from the common law action of assumpsit. The action is used to recover money which a defendant erroneously receives in circumstances where it would be unjust for the defendant to retain the money. While this is a legal action, it draws “upon the equitable principle that no one ought to be unjustly enriched at the expense of another.” Sharp v. Bowling, 511 So.2d 363, 364-65 (Fla. 5th DCA 1987).

2. A claim for money had and received may be based upon a wide variety of grounds including: (1) upon consideration which has failed, Deco Purchasing & Distributing Co. v. Panzirer, 450 So.2d 1274, 1275 (Fla. 5th DCA 1984); (2) for money paid by mistake, First State Bank of Fort Meade v. Singletary, 169 So. 407 (Fla. 1936); (3) for money obtained through imposition, extortion, or coercion, Cullen v. Seaboard Air Line R. Co., 58 So. 182, 184 (Fla. 1912); or (4) where defendant had taken undue advantage of claimant’s situation, Moss v. Condict, 16 So.2d 921, 922 (Fla. 1944). The foregoing list is not exclusive, and a claim for money had and received may be based upon any set of facts “which show that an injustice would occur if money were not refunded.” Moore Handley, Inc. v. Major Realty Corp., 340 So.2d 1238, 1239 (Fla. 4th DCA 1976).