Law Of Torts In Malaysia
In any negligence action the essential ingredients that should be present are firstly a duty of care exists wherein there must be a wrongful and unauthorized act or omission by the defendant and secondly the act omission in question affected the interests or rights of others.
Law of torts in malaysia. A tort exists to protect rights. It goes through the nature and function of tort law the rules and. The law of torts is one of the branches of the civil law. In malaysia courts are putting effort on to develop our own tort law.
It includes topics which covers the syllabus for both undergraduate and postgraduate studies. Kaviarasan thareehnee and dhana. The book places great emphasis on the law of torts as developed in malaysia and also includes cases decided in commonwealth countries. Negligence law emanates from the law of tort.
Adopting an analytical approach this book presents a comprehensive coverage of tort law in malaysia. Different situation for minors liability in contract differences between wrong under different branches of law matter. Notes prepared by university malaya law students. It has been written to provide its readers with a strong foundation in researching the law of torts in malaysia.
Torts have been defined as an injury other than breach of contract which the law will redress with damages a body of law which has been developed by the common law. This book is a valuable source of the basic legal principles of the law of torts in malaysia and is a useful base from which to proceed to more advanced legal texts for further research. Conclusion tort law changes very fast. Besides the tort of negligence which takes central focus less common torts like wrongs in relation to legal process breach of statutory duty harassment liability for animals and intentional tort to the person are given due coverage.
Lexread this is a comprehensive and clearly written book on the law of torts in malaysia. Despite the significant development of tort law it reveals the difficulties of tort law in order to. One can clearly identify this situation where in the pass few years not all the changes in england have been reflected in malaysia. Strict liability summary law of torts in malaysia.
The scope of the law of torts is wide including trespass to person trespass to land trespass to goods negligence defamation nuisance and strict liability. The book places great emphasis on the law of torts as developed in malaysia and also includes cases decided in commonwealth countries. The law of torts defines rights and obligations when an individual commits a wrong or injury against another. It goes through the nature and function of tort law the rules and principles that govern it and the remedies available.
Below 18 yrs sec 2 the age of majority act 1971 minors liability in tort is like adults liability but must sue or be sued by the guardian ad litem.