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Full-Text Articles in Contracts
An Introduction To The Law Of Unjust Enrichment, Alvin W. L. See
An Introduction To The Law Of Unjust Enrichment, Alvin W. L. See
Alvin W-L SEE
The principle that no one shall be unjustly enriched at the expense of another has been invoked to rationalise the right to restitution in a number of cases which fall outside the provinces of contract and tort. This has eventually led to the recognition of an independent legal discipline known as the law of unjust enrichment. It is among the most debated private law subjects today despite its remarkably recent origin. In Malaysia, despite the increase in judicial reference to the language of unjust enrichment to justify an award of restitutionary relief, there is generally a lack of understanding about …
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W-L See
Restitution Of Mistaken Enrichment Under Section 73 Of Malaysia's Contracts Act 1950: Pouring New Wine Into An Old Bottle?, Alvin W-L See
Alvin W-L SEE
This article makes two main suggestions regarding the interpretation of section 73 of Malaysia’s Contracts Act 1950, which sets out the right to recover a mistaken enrichment. The first suggestion is that the courts should have regard to the historical background against which the section was enacted, especially because the pre-enactment common law was a historical curiosity. This will dispel certain misconceptions about the nature of the statutory right by shedding light on its relationship with the obsolete forms of action, its supposed affinity with contract and the role of the principle of unjust enrichment. The second suggestion is that …