Restitution and unjust enrichment

Eishan Jan, Mohammad Naqib and Ahmad, Muhamad Hassan and Ali Mohamed, Ashgar Ali (2024) Restitution and unjust enrichment. In: Contract Law in Malaysia. CLJ Malaysia Sdn Bhd, Ampang, Selangor, pp. 495-505. ISBN 978-967-457-199-3

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Abstract

Restitution is based on the principle of “unjust enrichment”, which aims to reverse this enrichment. Unjust enrichment occurs when one party (plaintiff) confers a benefit to the other (defendant) due to some unfair factors, which enriches the second party at the expense of the first. Restitution is used to restore the plaintiff’s right to prevent the defendant from being unjustly enriched, and in so doing, it desires to attain justice. However, a claim for restitution must be brought by the plaintiff, and for the claim to succeed, the defendant must have been enriched at the expense of the plaintiff, and the defendant must have no defence available.

Item Type:	Book Chapter
Additional Information:	2866/115762
Uncontrolled Keywords:	restitution, unjust enrichment
Subjects:	K Law > K Law (General) K Law > K600 Private Law
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Civil Law Ahmad Ibrahim Kulliyyah of Laws
Depositing User:	Dr Ashgar Ali Ali Mohamed
Date Deposited:	03 Dec 2024 11:53
Last Modified:	12 Dec 2024 16:12
URI:	http://irep.iium.edu.my/id/eprint/115762

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