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
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"