Civil Remedies, 2nd Edition
Overview | Authors | Table of Contents
CONTENTS OUTLINE AND SIGNIFICANT UPDATES
Chapter 1 Introduction
· Reviewed materials on function of remedies
· Observations on the Malaysian courts’ reference to Indian law, traditional English authorities and more recent English judicial developments.
Chapter 2 Breach of Contract and Termination
· Clarification on termination for breach of contract and the different modes of discharge from a contract
· Extended discussion of significant cases: Berjaya Times Square Sdn Bhd v M Concept Sdn Bhd (2010, FC); Damansara Realty Bhd v Bungsar Hill Holding Sdn Bhd (2011, FC); Sime Hok Sdn Bhd v Soh Poh Sheng (2013, FC)
Chapter 3 Rescission
· More detailed treatment of effects of termination for breach and rescission ab initio and how each is dealt with under different provisions of the Contracts Act 1950
· Additional Australian cases on restitutio in integrum at common law and in equity
Chapter 4 Damages
· New material on diminution in value vs cost of cure, expectation vs reliance interest, and non-pecuniary loss
· New section on restitutionary damages and account of profits
· New cases considered: The Achilleas (2009, HL) on possible qualification of Hadley v Baxendale remoteness test; Johor Coastal Development v Constrajaya (2009) on liquidated damages; Invescor v Sobena Maju (2008) on application of Morello principles on forfeiture of deposits
Chapter 5 Specific Performance
· Extended discussion on rebuttable presumption in land cases including Singapore law developments and Reignmont Estate Sdn Bhd v Jaya Ikatan Plantations (2013)
· New section on rebuttable presumption for movable goods including Indian law developments
· Extended discussion on adequacy of damages rule – whether it is justified and/or desirable
· New material on reinstatement under industrial relations law
Chapter 6 Injunction
· Clear concise principles of requirement for each type of injunction
· New section on injunctions and performance bonds
Chapter 7 Restitutionary Remedies and Unjust Enrichment
· Completely rewritten – clear exposition of constituent elements of a claim in unjust enrichment
· Malaysian legislative provisions analysed particularly through lens of English restitution and unjust enrichment law, focusing on identification of unjust factor; including extended analysis of Dream Property v Atlas Housing (2015, FC)
Chapter 8 Equitable Remedies: Rectification, Cancellation, Constructive Trust, Account and Tracing
· Consideration of Chartbrook Ltd v Persimmon Homes Ltd (2009, HL) on rectification and mutual mistake
· New material on remedial vs institutional constructive trust
· Discussion of CIMB Bank v Maybank Trustees (2014, FC) on knowing assistance
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