Bob and Theresa own homes next to each other.  Bob has been saving money for six months to plant a hedge fence between the houses. Not only will this benefit his privacy, but it will increase the value of his house.  One day Theresa approaches Bob while he is mowing the lawn and asks him if he would have any objections to her planting a hedge between their property, specifically stating that she would not if Bob objected.  Bob replied that he certainly did not object.

After the hedge is in place, Theresa learns of Bob's saving money to do the exact same thing and also of his property's increased value. Theresa sues under unjust enrichment for the benefit of Bob's increased property value for restitution.  Will Theresa likely succeed?

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