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.

Key Features

• 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 recognized 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 defenses 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)

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 Defenses

Chapter 12 Limitations Periods

Chapter 13 Practice And Procedure

Chapter 14 Restitution For Wrongs