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The Law of Restitution and Unjust Enrichment in Malaysia

This book engages both the theoretical and practical aspects of the Malaysian law of restitution and unjust enrichment at an unprecedented and unrivalled level of depth and detail.
*Physical books are now printed on demand. Order now to receive your book in 4 weeks.
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RM 250.00
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ISBN/ISSN: 9789674003296

Product description

This is the first dedicated textbook on the law of restitution and unjust enrichment in Malaysia which engages both the theoretical and practical aspects of the Malaysian law of restitution and unjust enrichment at an unprecedented and unrivalled level of depth and detail. This book is 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. • An examination of the history and theoretical basis of the law of restitution and unjust enrichment in Malaysia • The nature of and applicable principles for common law restitutionary claims based on the principle of “unjust enrichment” as recognised and developed by the courts • The nature of statutory claims for restitution pursuant to the provisions of the Contracts Act 1950 based on the principle of “restitution”, and the Roman law origins of those provisions • A detailed study of the relationship, similarities and differences between the statutory regime for restitution under the Contracts Act 1950 and the common law regime • A comparative study of the law of unjust enrichment in other common law jurisdictions such as England, Australia, Scotland, Singapore, Hong Kong and India • An in-depth look into the available defences to claims for restitution • A critical examination of the landmark decision of the Federal Court in Dream Property Sdn Bhd v Atlas Housing Sdn Bhd (2015)
*Physical books are now printed on demand. Order now to receive your book in 4 weeks.
 

Featured Authors

Low Weng Tchung

Low Weng Tchung

Low Weng Tchung holds a First Class Master of Law degree from the University of Cambridge, as well as a First Class Bachelor of Law degree with Honours. Weng Tchung is a Barrister-at-Law of the Honourable Society of the Middle Temple, United Kingdom. He was the first recipient of the prestigious Tun Suffian Foundation Cambridge Scholarship. He is an Advocate & Solicitor of the High Court of Malaya, and maintains a broad commercial practice focusing on dispute resolution.

View all books by Low Weng Tchung (1)

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 Limitations Periods
 Chapter 13 Practice And Procedure
 Chapter 14 Restitution For Wrongs
 
 
*Physical books are now printed on demand. Order now to receive your book in 4 weeks.
 

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