The Law of Restitution and Unjust Enrichment in Malaysia

The Law of Restitution and Unjust Enrichment in Malaysia

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The Law of Restitution and Unjust Enrichment in Malaysia

Author Low Weng Tchung
Publication Date 2015
ISBN

9789674003296

Format
Hardcover + Ebook
Publisher: LexisNexis

This ground-breaking work is the first dedicated textbook on the law of restitution and unjust enrichment in Malaysia, which seeks to demonstrate that there exists in Malaysia a coherent framework of the law of restitution and unjust enrichment based on the brocard 'nemo debet locupletari jactura aliena': a man is not to enrich himself at the cost of another.

This work provides a masterful account and critical analysis of the principles and policies of the law of restitution and unjust enrichment in Malaysia. It gives full consideration to the statutory regime for restitution constituted by the restitutionary provisions of the Contracts Act 1950 and other related legislation, as well as the common law regime for restitution based on the principle of unjust enrichment. It represents a major contribution to the debate as to what the law of restitution and unjust enrichment in Malaysia is or should be, and includes a detailed examination of various themes, controversies and important issues, including the relationship, similarities and differences between the statutory regime for restitution under Contracts Act 1950 and common law claims for restitution of unjust enrichment. It also discusses the implications of the landmark decision of the Federal Court in Dream Property Sdn Bhd v Atlas Housing Sdn Bhd(2015) in which the apex court adopted the Civilian 'absence of basis' approach in determining whether an enrichment is 'unjust.'

This work engages both the theoretical and practical aspects of the Malaysian law of restitution at an unprecedented and unrivalled level of depth and detail. This book is destined to be an instant classic, and an indispensable work of reference for the law of restitution and unjust enrichment in Malaysia, for judges, practitioners, academics and students alike.

TABLE OF CONTENTS

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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