Article
Hong Kong Court Of Final Appeal Clarifies The Approach For Foreign Illegality Defence In Unjust Enrichment Claims
The Hong Kong Court of Final Appeal has issued a landmark ruling on the foreign illegality defence in unjust enrichment claims, formally adopting the flexible "range of factors" approach from Patel v Mirza. The decision clarifies when parties can recover funds through restitution even when the underlying cross-border contract is unenforceable due to foreign law violations, establishing critical distinctions between contractual and restitutionary remedies.
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