The Law of Restitution and Unjust Enrichment in Malaysia | Hardcover

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The Law of Restitution and Unjust Enrichment in Malaysia

Author Low Weng Tchung
Publication Date 2015
ISBN 9789674003296
Format
Hardcover
Publisher LexisNexis


This groundbreaking work is the first dedicated textbook on the law of restitution and unjust enrichment in Malaysia, and it aims to demonstrate that a coherent framework of restitution and unjust enrichment exists in Malaysia, based on the brocard 'nemo debet locupletari jactura aliena': a man should not enrich himself at the expense of another.

This book presents a superb explanation and critical analysis of Malaysia's restitution and unjust enrichment concepts and policies. It considers both the statutory restitution system established by the restitutionary provisions of the Contracts Act 1950 and other relevant legislation, as well as the common law restitution regime based on the unjust enrichment principle. It makes a significant contribution to the debate over what the law of restitution and unjust enrichment in Malaysia is or should be, and includes a detailed examination of a number of themes, controversies, and key issues, such as the relationship, similarities, and differences between the statutory restitution regime under the Contracts Act 1950 and common law claims for restitution of unjust enrichment. It also considers the ramifications of the Federal Court's historic decision in Dream Property Sdn Bhd v Atlas Housing Sdn Bhd (2015), in which the supreme court used the Civilian'absence of basis' method to determine whether an enrichment is 'unjust.'

This book delves into both the academic and practical aspects of Malaysian restitution law in new and unrivalled depth and complexity. This book is bound to become an immediate classic and an essential work of reference for judges, practitioners, professors, and students interested in Malaysian restitution and unjust enrichment legislation.

TABLE OF CONTENTS of The Law of Restitution and Unjust Enrichment in Malaysia

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

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