Restitution

• Main Author: YEO, Tiong Min
• Format: text
• Language: English
• Published: Institutional Knowledge at Singapore Management University 2005
• Subjects: Asian Studies; Commercial Law; Contracts; Dispute Resolution and Arbitration
• Online Access: https://ink.library.smu.edu.sg/sol_research/329; https://search.library.smu.edu.sg/discovery/fulldisplay?docid=cdi_rmit_primary_155616296971517&context=PC&vid=65SMU_INST:SMU_NUI&lang=en&search_scope=Everything&adaptor=Primo%20Central&tab=Everything&query=any,contains,Singapore%20Academy%20of%20Law%20Annual%20Review%20of%20Singapore%20Cases%202005%20RESTITUTION&offset=0
• Institution: Singapore Management University

In the year under review, there have been a number of very important observations by the Singapore Court of Appeal especially on the equitable side of the law of restitution. Highlights include the acceptance of the power to order an account of profits for breach of contract in exceptional circumstances; the suggestion that the account of profits remedy could be more widely available, beyond breaches of contract, in equity’s auxiliary jurisdiction coming in aid of common law and statutory rights; and the use of equitable subrogation as a tool to reverse unjust enrichment in appropriate cases.