Unjust enrichment: Revolution and evolution in the Asia-Pacific
This article contrasts two approaches to the development of the law of unjust enrichment in Malaysia and Singapore, as evidenced by recent case law. While the Malaysian Federal Court has taken the bold step of steering Malaysian common law into the somewhat uncharted territory of "absence of ba...
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| Format: | text |
| Language: | English |
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Institutional Knowledge at Singapore Management University
2018
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| Online Access: | https://ink.library.smu.edu.sg/sol_research/2912 https://ink.library.smu.edu.sg/context/sol_research/article/4870/viewcontent/25RestitutionLRev152.pdf |
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| Institution: | Singapore Management University |
| Language: | English |
| Summary: | This article contrasts two approaches to the development of the law of unjust enrichment in Malaysia and Singapore, as evidenced by recent case law. While the Malaysian Federal Court has taken the bold step of steering Malaysian common law into the somewhat uncharted territory of "absence of basis" as a general justification for claims to reverse unjust enrichment, the Singapore Court of Appeal has been more cautious in taking incremental steps to build on the "unjust factor" approach. |
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