The Law of Restitution and Unjust Enrichment in Malaysia, 2nd Edition | 2025*

The Law of Restitution and Unjust Enrichment in Malaysia, 2nd Edition | 2025*

The book explores the diverse range of circumstances in which a legal obligation to make restitution arises, whether through statutory law or the common law doctrine of unjust enrichment. It also delves into the restitutionary provisions of the Contracts Act 1950, examining their theoretical foundations, historical evolution, and key differences between Malaysian and English law. Additionally, it addresses complex topics such as restitution for wrongs, limitation periods, and available defences.

Since its first edition, this work has been frequently cited and applied by Malaysia's higher courts, including significant rulings from the Federal Court and the Court of Appeal.

The new edition has been comprehensively updated to incorporate recent case law and developments in Malaysia and other common law jurisdictions, solidifying its position as the leading reference on restitution and unjust enrichment in Malaysia.

Table of Contents of The Law of Restitution and Unjust Enrichment in Malaysia, Second Edition:

1. Introduction to Malaysian Restitution and Unjust Enrichment Law

2. Common Law Claims for Restitution Due to Unjust Enrichment

3. The Roman Law Roots of Restitutionary Provisions in the Contracts Act 1950

4. An Overview of Restitution Under the Contracts Act 1950

5. General Principles of Benefits or Advantages Transferred Through Contract or Agreement

6. Specific Cases Involving Benefits or Advantages Transferred Through Contract or Agreement

7. The Impact of Illegality on Benefits or Advantages Transferred Through Contract or Agreement

8. Provision of Necessaries to Individuals Unable to Contract

9. Payments Made to Settle Another Person's Liability

10. Non-Gratuitous Acts Performed for the Benefit of Another

11. Benefits Transferred Due to Mistake, Coercion, or Fraud

12. Change of Position and Other Defences in Common Law

13. Limitation Periods in Restitutionary Claims

14. Practical Considerations and Legal Procedures

15. Restitution for Wrongs

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