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Mahesan v Malaysian Government Officers’ Cooperative Housing Association [1979]

Facts

  • The defendant agent recommended to the claimant that they purchase a house at an inflated price
  • The defendant received a bribe to do this

Issue

  • Could both the bribe and the difference between the purchase price and price paid be recovered?

Decision

  • No

Reasoning

  • At the time of judgment, the principal must elect which to recover
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