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The Law of Restitution and Unjust Enrichment in Malaysia by Low Weng Tchung 2nd Edition | 2025
The Law of Restitution and Unjust Enrichment in Malaysia by Low Weng Tchung 2nd Edition | 2025
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This Second Edition continues to provide an unrivalled critical analysis of the principles and policy of the law of restitution and unjust enrichment in Malaysia. It remains the only dedicated and specialist textbook on the subject in Malaysia, making it an essential reference for legal practitioners, judges and scholars.
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
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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
Author
Low Weng Tchung is a graduate of the University of Cambridge and recipient of the prestigious Tun Suffian Foundation Scholarship. Called to the English and Malaysian Bar, he maintains a broad and diverse practice in commercial, corporate, and telecommunications law, appearing before all levels of the Malaysian superior courts. He is also the co-author of Sinnadurai Law of Contract, Fifth Edition (2023), the leading textbook on Malaysian contract law.
| Author | Low Weng Tchung |
| Publication Date | 2025 |
| ISBN | 9786297829197 |
| Format | Hardback |
| Publisher | LexisNexis |
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