The Law of Restitution and Unjust Enrichment in Malaysia, 2nd Edition | 2025

The Law of Restitution and Unjust Enrichment in Malaysia, 2nd Edition | 2025

The book explores the diverse range of circumstances in which a legal obligation to make restitution arises, whether through statutory law or the common law doctrine of unjust enrichment. It also delves into the restitutionary provisions of the Contracts Act 1950, examining their theoretical foundations, historical evolution, and key differences between Malaysian and English law. Additionally, it addresses complex topics such as restitution for wrongs, limitation periods, and available defences.

Since its first edition, this work has been frequently cited and applied by Malaysia's higher courts, including significant rulings from the Federal Court and the Court of Appeal.

The new edition has been comprehensively updated to incorporate recent case law and developments in Malaysia and other common law jurisdictions, solidifying its position as the leading reference on restitution and unjust enrichment in Malaysia.

Table of Contents of The Law of Restitution and Unjust Enrichment in Malaysia, 2nd Edition:

1. Introduction to the Malaysian Law of Restitution and Unjust Enrichment
2. Common Law Claims for Restitution of Unjust Enrichment
3. Contracts Act 1950: Roman Law Origins of the Restitutionary Provisions
4. Restitution Under the Contracts Act 1950: An Overview
5. Benefits or Advantages Transferred Under Contract or Agreement: General Principles
6. Benefits or Advantages Transferred Under Contract or Agreement: Specific Cases
7. Benefits or Advantages Transferred Under Contract or Agreement: Illegality
8. Supply of Necessaries to Persons Incapable of Contracting
9. Money Paid to Discharge the Liability of Another Person
10. Non-Gratuitous Acts Done for the Benefit of Another
11. Benefits Transferred Due to Mistake, Coercion or Fraud
12. Change of Position and Other Common Law Defences
13. Limitation Periods
14. Practice and Procedure
15. Restitution for Wrongs

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