BLT2614 Law of Torts I IntroductionDr. Dennis W. K. Khong [email protected] June 2012 1 Textbooks 1. Norchaya Talib. (2010). Law of Torts in Malaysia, 3rd ed. Kuala Lumpur: Sweet & Maxwell Asia. 2. Rogers, W.V.H. (2010). Winfield and Jolowicz on Tort, 18th ed. London: Sweet & Maxwell. 2 Statutes 3. Civil Law Act 1956 4. Defamation Act 1957 3 Texts to Read 5. Norchaya. chap. 1. 6. Winfield and Jolowicz, chaps. 1–3. 4 The Scope of Tort Law 7. Tort is a civil matter. 8. The features of a tort are: (a) there must be a wrongful or unauthorised act or omission; and (b) that wrongful or unauthorised act or omission affects the interests or rights of others; and (c) the injured party or victim has a right to claim for damages. 1 apply the common law of England and the rules of equity. (c) in Sarawak. while the principle for remedies in contract is to compensate the non-defaulting party such that as if the contract has been performed. Provided always that the said common law. The exception is with regards to real property and chose in action. apply the common law of England and the rules of equity as administered in England on the 7 April 1956. The only branch of tort law which has been codified in Malaysia is the law of defamation. the relationship and duties of parties are defined by tort law. English common law principles are applied when interpreting the Defamation Act. rules of equity and statutes of general application shall be applied so far as the circumstances of the States of Malaysia and their respective inhabitants permit and subject to such qualifications as local circumstances render necessary. Even so. 12. there must exist a special relationship of trust. 10. The duty owed in tort. the duties are defined principally by the contract. together with statutes of general application. as administered or in force in England on 1 December 1951.9. together with statues of general application. the Court shall— (a) in Peninsular Malaysia or any part thereof. as administered or in force in England on 12 December 1949. • Property law: There is no separate body of law in English common law called property law. in the Defamation Act 1957. • Trusts: To enforce a trust against another. The source of law of torts in Malaysia is section 3(1) of the Civil Law Act 1956: Save so far as other provision has been made or may hereafter be made by any written law in force in Malaysia. • Restitution: Restitution can be described as a legal theory for preventing an unjust enrichment of the defendant at the expense of the plaintiff. subject however to subparagraph 3(ii). (b) in Sabah. It is not necessarily compensatory in nature. Ownership rights in property is largely governed by tort law. 11. is applicable to the public at large. however. apply the common law of England and the rules of equity. the principle for remedies in tort is restitutio in integrum. in contract. Also. Topics covered in BLT2614 Law of Torts I are: (a) Negligence (b) Occupiers’ liability (c) Trespass to person (d) Trespass to land (e) Trespass to goods (f) Defamation 2 . Tort is to be distinguished from other branches of the law: • Contract: In tort. Intention is relevant in all intentional torts: trespass to person. 20. 3 . by way of an injunction (c) Deterring unreasonable or undesirable behaviour.2 Intention 17. 18. as an objective test is used to determine liability. monetary compensation. that is to say.e. tort law plays the following functions: (a) Compensation (b) Prevention of continuous harm. by the law. trespass to land. This redress most commonly takes the form of damages.1 Important Concepts in Tort Law Tortious Liability 16. 5. evil or improper motive. or does not do something that is required (an omission). Intention is not relevant in negligence. More specifically. Liability in tort arises when a person does something that is not allowed (an act). 5 5. Fletchter • Breach of statutory duty • Liability for false statements • Product liability • Interference with contract or business • Malicious prosecution • Vicarious liability • Remedies 14. may be relevant in the tort of nuisance.3 Motive and malice 19. Motive generally is irrelevant in tort liability. The function of tort law is said to be as such: The law of torts is concerned with the redress of wrongs or injuries (other than breaches of contract) by means of a civil action brought by the victim. 5. we will cover: • Nuisance • The rule in Rylands v. 15. Malice.13. conspiracy and defamation. In BLT2624 Law of Torts II. i. trespass to goods and defamation. loss of earnings and medical bills. Given the high number of courses taken in each trimester. strict liability and defamation require proof of damage or harm before the defendant is held liable. 29. studying law at MMU is a very intense and time-pressured endeavour. Damages fall into two broad categories: (i) Unliquidated damages: Unquantifieable damage which includes general damages for pain and suffering. As such. 26. please read the actual cases. (ii) Liquidated damages: Specific damage the plaintiff has suffered. (iii) damage to reputation. 31. section 2(a) of the Public Authorities Protection Act 1948 provides a limitation period of three years. 24. e. No all form of damage or harm are actionable in tort.g. The beauty of tort law can only be properly appreciated by reading the actual cases. e. 22. 6 Limitation 27. 5. for intentional torts such as trespass to person. However.g. Torts such as negligence. 7 Administrative Advice to Students 30. nuisance. Damage or harm may be one or more for four kinds: (i) physical injury. A tort is actionable per se when proof of damage is not required. where the defendant is the Government of Malaysia. Section 6(1)(a) of the Limitation Act 1953 provides for a general limitation of six years for an action in tort. 28.5 Damages 25.4 Damage 21. Failure to do so will render the plaintiff’s action unsuccessful. 4 . every minute of your wakeful time is valuable. Damages is the monetary compensation that the defendant has to pay to the plaintiff. (ii) damage to property. 23. trespass to land and trespass to goods.5. (iv) economic loss. Therefore. A plaintiff needs to commence his action within the limitation period prescribed by the Limitation Act 1953. i. (b) Work in groups and share the downloaded cases among yourselves. 33. I would like to offer two two time-saving suggests that you can consider taking: (a) By a portable doc/pdf reading device. you can have lots of documents to read on the go between classes or while waiting for your lecture or tutorial to start. That way. My tutorials are not mini-lectures. 34. Also. Whether you get an ‘A’ or a ‘B’ might ultimately depend on your 10% class participation marks. a dedicated ebook reader such as Sony’s PRS. I will not hesitate to bar students with a poor attendance record from taking the final exam. either an iPad or an Android tablet. Since time is very limited. I expect all students to read the relevant chapters and the cases before coming to class. Read the tutorial questions before hand and prepare a draft answer. 5 . and I do not intend to deliver one. To fully benefit from my tutorials. Keep your attendance perfect. or a netbook (do check them out first to see which suits you best).e.32. 35.