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The Law of Restitution and Unjust Enrichment in Malaysia

Author :  Low Weng Tchung

Product Details

Country
Malaysia
Publisher
LexisNexis Malaysia Sdn. Bhd., Malaysia
ISBN 9789674003296
Format HardBound
Language English
Year of Publication 2015
Bib. Info 1v.
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Product Description

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)

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