Category: LAW OF TORT

1) What is it? A term used to describe liability imposed on a Defendant without any proof of fault on his part. It can also arise in a cause of action for breach of statutory duty but the ‘strictness’ of…

Prior to discussing whether employers be vicariously liable for the actions of an independent contractor, it should first be understood that according to the case of Stevenson, Jordan and Harrison Ltd v MacDonald and Evans, an independent contractor is a…

If you’ve ever suffered due to the carelessness of a worker (for example, your car has been rear-ended by a lorry driver or you’ve suffered severe food poisoning due a waiter’s lack of hygiene), chances are, you’d like to make…

The term “assault” is commonly used to include battery. Although related, assault and battery are two distinct torts. The difference is that assault is an intentional and direct act of the Defendant which causes the Plaintiff reasonable apprehension of the…

Introduction Article 5(1) of Part II of the Federal Constitution (‘FC’) recognised the fundamental right of life of the people by providing that no one shall be deprived of his life or personal liberty including detainee save in accordance with law.…

Tort only allows claims for Physical Loss and Property Damage – However, tort allows claims for Economic Loss if it was ‘consequent of an injury/damage’ (Spartan Steel v Martin) General Rule: Tort does not allow the claim for Economic Loss…

Learner Driver? Better Learn Quickly! So, what should a learner driver do when they have harmed another road user? Are they liable? Can you sue them for compensation? Well, its sad to say, Yes! they are liable and you, as…

Conspiracy to injure is one of the cause of actions available under the Law of Tort. To understand this concept let us look into the scenario below: Mr. X and Ms. Y are both operating a Chicken Rice Restaurant known…

In 2016, the Malaysian Federal Court in the landmark decision of Mohd Ridzwan Abdul Razak v Asmah Hj Mohd Nor (more commonly known as the “Lembaga Tabung Haji case”) had introduced the tort of sexual harassment into our legal system.…

In Malaysia, we do not have an Occupier Liability Act. However, Section 3 of the Malaysian Civil Law Act 1956 provides that the Malaysian Courts shall apply the Common Law of England and the Rules of Equity as administered in…

The High Court has fixed 5th – 9th March 2018 to hear Prime Minister Datuk Seri Najib Tun Razak’s defamation lawsuit against DAP’s MP Tony Pua, for uttering libellous remarks about 1Malaysia Development Berhad (1MDB). So, what exactly is defamation,…

Negligence is a careless act or omission which causes another person damage, injury or loss as a result. Whether or not negligence has occurred is a matter of satisfying four questions. Does the person committing the act or omission (ie.…

  1.     There are 2 types of defamation – libel (written defamation) and slander (oral defamation). 2.     In Malaysia, it is governed under Defamation Act 1957 (civil cases: a private person suing another private person) whereas in criminal cases of…