The Law of Unjust Enrichment in Hong Kong - Second Edition

Author: Steven Gallagher

The Law of Unjust Enrichment in Hong Kong - Second Edition discusses practical application of the doctrine of unjust enrichment, and explains its theoretical basis and possible development. 

Publication Date: November 2021

Publisher: LexisNexis

Product Format Details Qty
Book (Soft cover)
HK$ 1,500.00
In Stock ISBN: 9789888764907

The law of unjust enrichment, although now thirty years of age, is the newest discrete cause of action at common law, and still the most easily confused and misunderstood. This confusion lies in its origins in the search for a unified law of restitution, a search which is now seemingly abandoned or at least no longer as fervently pursued by its academic and jurist adherents. As arguably the most useful legacy of this quest for a unified law of restitution, the law of unjust enrichment has been clarified and developed in Hong Kong and England.

This revised and expanded edition retains the consideration of the theoretical underpinnings of the law of unjust enrichment. This includes its historical development from the common counts via creative equitable interpretation of the common law by Lord Mansfield in the eighteenth century and civil law informed academic development of the common law by Lord Goff in the twentieth.

The second edition considers developments in England but focuses on the practical use of the doctrine in Hong Kong and possible developments and issues with unjust enrichment in this jurisdiction.

"Chapter One Setting the Scene

Chapter Two The Historical Development of Unjust Enrichment

Chapter Three The Unjust Enrichment Analysis

Chapter Four An Overview of the Law of Unjust Enrichment in Hong Kong

Chapter Five Identifying Property: Following and Tracing

Chapter Six Mistake

Chapter Seven Failure of Consideration

Chapter Eight Ignorance

Chapter Nine Duress

Chapter Ten Undue Influence

Chapter Eleven Legal Compulsion

Chapter Twelve Necessity

Chapter Thirteen Illegality

Chapter Fourteen Incapacity

Chapter Fifteen Unconscionability

Chapter Sixteen Ultra Vires Demands by Public Authorities

Chapter Seventeen Defences

Chapter Eighteen Proprietary Restitution

Chapter Nineteen Subrogation

Chapter Twenty Choice of Law"

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