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Civil Remedies, 2nd Edition

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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 question of remedies is a practical and challenging one, invoked in almost every civil legal dispute. Civil Remedies provides a comprehensive exposition of the law on remedies applicable in contractual and commercial litigation in Malaysia. After almost 10 years, the book has updated significantly. In this second edition, the detailed exposition of the Malaysian position is greatly enhanced by a comparative analysis of English and Australian law.
KEY FEATURES
  • Comprehensive exposition of law on remedies applicable in contractual and commercial litigation in Malaysia
  • Contents structured around functions of remedies and their origins (legal or equitable)
  • Highlights the role of remedies and the factors affecting their grant, particularly in relation to discretionary equitable remedies
  • Relevant statutory provisions (Contracts Act 1950 and the Specific Relief Act 1950) and huge volume of local and foreign case law carefully surveyed and analysed to distil current principles of law
  • Book presentation carefully restructured with content outlined at the beginning of each chapter, paragraph numbers extensively cross referenced for ease of finding specific points of law and list of relevant articles.

TABLE OF CONTENTS

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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