Concept Of Unjust Enrichment In Malaysia

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UNJUST ENRICHMENT IN MALAYSIA In Malaysia, a number of important unjust enrichment claims are spread through in Part VI, of the Contracts Act 1950 (CA 1950) under the title ‘Of Certain Relations Resembling Those Created By Contract’. Provisions that are stated as a part of Unjust Enrichment in Malaysia, for example the right to restitution of a mistaken enrichment in section 73 and 71 (CA) significantly show similarity to the principle of unjust enrichment: ‘ A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it ’ ‘ Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered ’…show more content…
Therefore, it can hardly be said that Malaysia has a well-developed law of unjust enrichment, which is unfortunate given how frequently issues concerning unjust enrichment arise ”. In another article by the same author stated that “…While the statutory recognition of such a right is much welcomed, there are a number of concerns regarding its interpretation that require serious attention

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