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CPD Course:
Unjust Enrichment:
Does it Exist and if So,
What is it, Where is it
Going and Can We
Humanely Dispose of it?
Presented by
Prof. Steven Gallagher,
Associate Professor of Practice in Law,
Associate Dean (Teaching & Learning),
The Faculty of Law,
The Chinese University of Hong Kong |
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| Code: |
EVT000000317 |
Level: |
Intermediate |
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| Date: |
9 October 2020 (Friday) |
Language: |
English |
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| Time: |
14:30 - 17:45
(Reception starts at 14:00) |
Accreditation(s): |
LSHK 3.0 CPD Points |
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| Venue: |
Online via Zoom |
Request for Rerun: |
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| Presenter's Profile: |
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Steven Gallagher was awarded a first class LL.B. He was called to the Bar of England and Wales in 2006. Steven teaches equity and trusts, property law, and digital technology and law. Steven also teaches a course on art, antiquities, cultural heritage and the law. Steven has presented continuing professional development courses for solicitors in Hong Kong on many topics associated with property. Steven’s research interests include equity and the law of trusts, art and cultural heritage law and legal history. He is not a technologist. In 2023 Steven published the first treatise dealing formally and systematically with all the major aspects of, and entitled, Digital Technology and Law.
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| Course Outline: |
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This three-hour seminar will consider what has been hailed as the newest form of action at common law - unjust enrichment. The seminar will consider the history of the development of unjust enrichment, the only form of action at common law created by academics rather than judges, and its development. The seminar will consider unjust enrichment’s part in the search for a unified common law of restitution. The seminar will then consider the development of unjust enrichment and its defence, the change of position, in Hong Kong and England. The links between unjust enrichment and equity will be considered and the possible development of the action to deal with more than just money claims. In conclusions we will consider whether unjust enrichment does exist or whether it is just another name for money had and received, and whether we can humanely dispose of the last vestige of the “cult of restitution.”
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| Some of the topics considered in this seminar include: |
- What is unjust enrichment?
- Where did it come from?
- A brief history of unjust enrichment;
- The common money counts;
- Mansfield’s fallacy and the “Glorious uncertainty of the law”
- Lord Goff’s academic pursuit of a law of restitution;
- Gambling solicitors and a firm’s lost funds;
- Unjust enrichment and the change of position defence;
- The modern action for unjust enrichment in Hong Kong;
- The limits of actions for unjust enrichment;
- Arguments for tracing more than money;
- Could we live without unjust enrichment?
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This course is provided by: |
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Relevant CPD Courses |
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Telephone: +852 3118 2371 | Facsimile: +852 3118 2372 Postal Address: P.O. Box 9993, General Post Office, Hong Kong |
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