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

Description

The book examines the wide variety of situations in which a duty to make restitution arises by the operation of law, whether by reason of statute or the common law principle of unjust enrichment. It further examines the restitutionary provisions of the Contracts Act 1950, their theoretical underpinnings and historical development, and key distinctions between Malaysian and English law. It also explores complex issues and subject areas such as restitution for wrongs, limitation periods and available defences.

Since its publication, the First Edition of this work has been regularly cited in and applied by the superior courts in Malaysia and in landmark decisions of the Federal Court and the Court of Appeal.

This new edition has been thoroughly updated to reflect recent case law and developments in Malaysia and other common law jurisdictions, and remains the authoritative reference on restitution and unjust enrichment in Malaysia.

Table of Contents:

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