Restitution and unjust enrichment

• Main Authors: Eishan Jan, Mohammad Naqib, Ahmad, Muhamad Hassan, Ali Mohamed, Ashgar Ali
• Format: Book Chapter
• Language: English
• Published: CLJ Malaysia Sdn Bhd 2024
• Subjects: K Law (General); K600 Private Law
• 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/

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.