Restitution and unjust enrichment
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...
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| Main Authors: | , , |
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| Format: | Book Chapter |
| Language: | English |
| Published: |
CLJ Malaysia Sdn Bhd
2024
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| Subjects: | |
| Online Access: | http://irep.iium.edu.my/115762/1/115762_Restitution%20and%20unjust%20enrichment.pdf http://irep.iium.edu.my/115762/ https://www.cljlaw.com/store/product/contract-law-in-malaysia/ |
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| Summary: | 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. |
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