Civil Remedies, 2nd Edition by Cheong May Fong

Name: Civil Remedies, 2nd Edition by Cheong May Fong
Brand: Law Books Malaysia | Joshua Legal Art Gallery
SKU: 1741609769
Price: 276.0 MYR
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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
Format	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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SKU: 1741609769 ISBN: 9789670915630