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Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Restitution Of Non-Gratuitously Conferred Benefit In Malaysia: A Case For Sowing The Unjust Enrichment Seed, Alvin W. L. See
Research Collection Yong Pung How School Of Law
This article draws on the common law of unjust enrichment to rationalize and develop the right to recover a non-gratuitously conferred benefit set out in section 71 of Malaysia’s Contracts Act 1950. This attempt at legal transplant and modern restatement is made in the hope of injecting principle and clarity into the antique section with the eventual goal of reviving it for practical and modern use.
Restitution For The Mistaken Improver Of Land, Alvin W. L. See
Restitution For The Mistaken Improver Of Land, Alvin W. L. See
Research Collection Yong Pung How School Of Law
The recent Malaysian case of Dream Property Sdn Bhd v Atlas Housing Sdn Bhd marks a rare occasion where an improver of another’s land is allowed to claim from the latter for the improvement. In a landmark judgment, the Federal Court of Malaysia recognised the right of recovery as based on the law of unjust enrichment, but curiously departed from certain well-established principles under common law which are less generous to the improver. The significance of this decision clearly lies in its contribution to the continuing endeavour to achieve an appropriate balance between the interests of the landowner and the …