Civil Remedies, 2nd Edition by Cheong May Fong

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Civil Remedies, 2nd Edition by Cheong May Fong and Lee Yin Harn

Author Cheong May Fong and Lee Yin Harn
Publication Date Aug 2016
ISBN 9789670915630
Hardcover + Ebook
Publisher Sweet & Maxwell

The issue of remedies is a practical and difficult one that arises in almost every civil court dispute. Civil Remedies is a detailed overview of the legislation governing remedies in contractual and commercial disputes in Malaysia. The book has been considerably revised after approximately ten years. The precise presentation of the Malaysian situation is substantially strengthened in this second edition by a comparative review of English and Australian law.


KEY FEATURES of Civil Remedies, 2nd Edition

  • A comprehensive explication of Malaysian law on contractual and commercial dispute remedies.
  • The content is organised around the purposes of medicines and where they come from (legal or equitable)
  • The importance of remedies and the circumstances that influence their availability are highlighted, especially in regard to discretionary equitable remedies.
  • The importance of remedies and the circumstances that influence their availability are highlighted, especially in regard to discretionary equitable remedies.
  • Relevant statute laws (the Contracts Act of 1950 and the Specific Relief Act of 1950) as well as a large volume of local and international case law were analysed and examined to distil contemporary legal concepts.
  • The book's presentation has been meticulously reconstructed, with information stated at the start of each chapter, paragraph numbers extensively cross-referenced for ease of locating particular legal arguments, and a list of pertinent resources.

TABLE OF CONTENTS of Civil Remedies, 2nd Edition

Chapter 1 Introduction
  • Reviewed materials on function of remedies
  • Observations on the Malaysian courts’ reference to Indian law, traditional English authorities and more recent English judicial developments.
Chapter 2 Breach of Contract and Termination
  • Clarification on termination for breach of contract and the different modes of discharge from a contract
  • Extended discussion of significant cases: Berjaya Times Square Sdn Bhd v M Concept Sdn Bhd (2010, FC); Damansara Realty Bhd v Bungsar Hill Holding Sdn Bhd (2011, FC); Sime Hok Sdn Bhd v Soh Poh Sheng (2013, FC)
Chapter 3 Rescission
  • More detailed treatment of effects of termination for breach and rescission ab initio and how each is dealt with under different provisions of the Contracts Act 1950
  • Additional Australian cases on restitutio in integrum at common law and in equity
Chapter 4 Damages

New material on diminution in value vs cost of cure, expectation vs reliance interest, and non-pecuniary loss
  • New section on restitutionary damages and account of profits
  • New cases considered: The Achilleas (2009, HL) on possible qualification of Hadley v Baxendale remoteness test; Johor Coastal Development v Constrajaya (2009) on liquidated damages; Invescor v Sobena Maju (2008) on application of Morello principles on forfeiture of deposits
Chapter 5 Specific Performance
  • Extended discussion on rebuttable presumption in land cases including Singapore law developments and Reignmont Estate Sdn Bhd v Jaya Ikatan      Plantations (2013)
  • New section on rebuttable presumption for movable goods including Indian law developments
  • Extended discussion on adequacy of damages rule – whether it is justified and/or desirable
  • New material on reinstatement under industrial relations law
Chapter 6 Injunction
  • Clear concise principles of requirement for each type of injunction
  • New section on injunctions and performance bonds
Chapter 7 Restitutionary Remedies and Unjust Enrichment
  • Completely rewritten – clear exposition of constituent elements of a claim in unjust enrichment
  • Malaysian legislative provisions analysed particularly through lens of English restitution and unjust enrichment law, focusing on identification of unjust factor; including extended analysis of Dream Property v Atlas Housing (2015, FC)
Chapter 8 Equitable Remedies: Rectification, Cancellation, Constructive Trust, Account and Tracing
  • Consideration of Chartbrook Ltd v Persimmon Homes Ltd (2009, HL) on rectification and mutual mistake
  • New material on remedial vs institutional constructive trust
  • Discussion of CIMB Bank v Maybank Trustees (2014, FC) on knowing assistance

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