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Hong Kong
Leading Case
four stage testmistakefailure of considerationchange of position
Shanghai Tongji Science & Technology Industrial Co Ltd v Casil Clearing Ltd
(2004) 7 HKCFAR 79; [2004] 2 HKLRD 548
Key Principle
A claim in unjust enrichment/restitution is analysed by a four-stage inquiry: (1) was the defendant enriched; (2) at the claimant's expense; (3) was the enrichment unjust (an unjust factor such as mistake or total failure of consideration); and (4) are any defences available.
Area of Law
Equity, Trusts & Restitution
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