General Course Information
1.1 Course details
| Course code: | LLAW3048 |
| Course name: | Law of Restitution |
| Programme offered under: | LLB Programme |
| Semester: | Second (Intensive teaching in Jan – Mar 2027, please check timetable) |
| Designated research course: | Not applicable |
| Specialization: | Not applicable |
| Prerequisites / Co-requisites: | No |
| Course offered to non-law students: | No |
| Credit point value: | 6 credits |
1.2 Course description
There is no universal definition as to what restitution of unjust enrichment (either as a body of law, or as a legal concept) encapsulates. Broadly speaking, it is the area of law concerned with providing redress to a plaintiff as against a defendant who is alleged to have ‘benefitted’ at the plaintiff’s expense.
Although a principle of restitution against unjust enrichment can be traced right back to the classical period of Roman Law, in English law—and consequently the law of Hong Kong—it was for a long time obscured under the old ‘forms of action’ (special formulas through which actions had to be brought) such as the action for ‘money had and received’ and the ‘quantum meruit’ action. These labels lived on long after the forms of action had been abolished and for a long time what we would now call restitution of unjust enrichment was referred to by courts and academics as ‘the law of quasi-contract’.
But through the work of pioneering legal scholars, such as Robert Goff (later Lord Goff), Gareth Jones, and notably, Peter Birks, the subject of restitution of unjust enrichment was born. In England, it was authoritatively recognised by the House of Lords in Lipkin Gorman v Karpnale [1991] 2 AC 548 and in Hong Kong by the Court of Final Appeal in Shanghai Tongji v Casil (2004) 7 HKCFAR 79.
Restitution of unjust enrichment is an important component of the law of obligations. It sits alongside contract and tort as one of the three key pillars. In recent years, restitutionary principles have been at the forefront of some of the most important commercial disputes, testing the boundaries of both the subject and its adaptability to modern day business. The study of Restitution is both endlessly exciting and challenging. Through this course, not only will we consider the positive law as it is applied to real-world problems, but also whether the way in which courts are presently framing these questions is normatively desirable. By studying and writing about this subject, you will become part of the living history of an important branch of private law, the scope and understanding of which is continuously changing.
1.3 Course teachers
| Name | E-mail address | Office | Consultation | |
| Course convenor | David Winterton | dwin@hku.hk | CCT 913 | By email |
| Course convenor | Jordan English | jordan.english@magd.ox.ac.uk | TBA | By email |
1.4 Course outline (for elective course)
| Please click the link here for the course outline (HKU Portal login required). |
Learning Outcomes
2.1 Course Learning Outcomes (CLOs) for this course
By the end of the course, students should have:
CLO 1 A detailed understanding of the law of restitution and unjust enrichment both as a subject and an idea;
CLO2 An in-depth understanding of key theoretical and doctrinal debates in private law;
CLO 3 Developed legal skills in terms of engaging with case law and using the case law to mount academic arguments;
CLO 4 Strong research skills; and
CLO 5 A solid foundation for further study in private law.
2.2 LLB Programme Learning Outcomes (PLOs)
Please refer to the following link: https://course.law.hku.hk/llb-plo/
2.3 Programme Learning Outcomes to be achieved in this course
| PLO A | PLO B | PLO C | PLO D | PLO E | PLO F | |
| CLO 1 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 2 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 3 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 4 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
| CLO 5 | ✓ | ✓ | ✓ | ✓ | ✓ | ✓ |
Assessment(s)
3.1 Assessment Summary
| Assessment task | Weighting | Feedback method* | Course learning outcomes |
| Class participation* | 20% | 1, 2, 3, 4, 5 | |
| Research essay (3,000 words) | 40% | 1, 2, 3, 4, 5 | |
| Take-home exam | 40% | 1, 2, 3, 4, 5 |
*There is no penalty for missing the first two seminars.
| *Feedback method (to be determined by course teacher) | |
| 1 | A general course report to be disseminated through Moodle |
| 2 | Individual feedback to be disseminated by email / through Moodle |
| 3 | Individual review meeting upon appointment |
| 4 | Group review meeting |
| 5 | In-class verbal feedback |
3.2 Assessment Detail
To be advised by course convenor(s). See also Course Outline above.
3.3 Grading Criteria
Please refer to the following link: https://www.law.hku.hk/_files/law_programme_grade_descriptors.pdf
Learning Activities
4.1 Learning Activity Plan
| Seminar: | 3 hours / week for 12 teaching weeks |
| Private study time: | 9.5 hours / week for 12 teaching weeks |
Remarks: the normative student study load per credit unit is 25 ± 5 hours (ie. 150 ± 30 hours for a 6-credit course), which includes all learning activities and experiences within and outside of classroom, and any assessment task and examinations and associated preparations.
4.2 Details of Learning Activities
To be advised by course convenor(s).
Learning Resources
5.1 Resources
| Reading materials: | Reading materials are posted on Moodle |
| Core reading list: | TBA |
| Recommended reading list: | TBA |
5.2 Links
Please refer to the following link: http://www.law.hku.hk/course/learning-resources/