Torts Class

LAW OF TORTS 1

• Course Code: Laws 1340
• Course Name: Law of Torts 1
• Section: 4
• Current Batch: Sem I / Year 2021-2022
• Lecture Schedule: Tue-Thu 12.00 – 12.50 PM
• Tutorials:
  • Mon 5.00 PM – 5.50 PM
  • Tues 5.00 PM – 5.50 PM
  • Wed 5.00 PM – 5.50 PM

COURSE OUTLINE >>> Please download it HERE (Soon to be released)

Learning Outcomes (LO):

1	Identify the principles of tort law in relation to its nature and scope, negligence, contributory negligence, nervous shock, economic loss, strict liability, product liability and general defences; and the underlying purpose and context in which they function
2	Compare and contrast the position of the Malaysian Law with the Common Law
3	Apply the relevant principles in relation to the above topics in resolving disputes.
4	Demonstrate the application of case law to solve legal problems.

List of Topics & Slides

1	Nature and in of Tort Law (SLIDES)	SLIDES
2	Negligence: Duty of Care (SLIDES)	SLIDES
3	Breach of Duty (SLIDES)	SLIDES
4	Causation in Fact and in Law	SLIDES
5	Contributory Negligence	SLIDES
6	Res Ipsa Loquitur	SLIDES
7	Product Liability	SLIDES
8	Nervous Shock	SLIDES
9	Economic Loss	SLIDES
10	Strict Liability	SLIDES
11	General Defences	SLIDES

Relevant Statutes in Torts Class include:

• Government Proceedings Act 1956 (full text)
• Consumer Protection Act 1999 (full text)
• Street, Drainage and Building Act 1974 (full text)
• Child Act 2001 (full text)
• Specific Relief Act 1950 (full text)

Some recommended books:

Relevant News Stories

1. “Prop gun fired by Alec Balwin kills woman on set: Police,” The New Straits Times, 22 Oct 2021 (Link)

LA, USA: US actor Alec Baldwin fired a prop gun that killed a cinematographer and wounded the director on a film set in New Mexico, US law enforcement officers said Thursday. The incident happened on the set of “Rust” in the southwestern US state, where Baldwin is playing the lead in a 19th-century western. Halyna Hutchins and Joel Souza “were shot when a prop firearm was discharged by Alec Baldwin,” the sheriff in Santa Fe said in a statement. Hutchins, 42, was transported to hospital by helicopter but died of her wounds, while Souza, 48, was taken by ambulance and is receiving treatment.

2. “200 in Napoh file lawsuit against Nasi Kandar shop owner,” The New Straits Times, 19 August 2020 (Link1 and Link2)

A LAWSUIT has been filed against the owner of Nasi Kandar Salleh by 200 residents in Napoh, Jitra at the Alor Setar High Court today. They are claiming RM1.5 million in damages from the restaurant’s owner Nezar Mohamed Shabur Batcha, 57, for causing the Covid-19 Sivagangga cluster. The lawsuit was filed by Kedah Consumers’ Association (CAKE) on behalf of the residents in Napoh. Nezar Mohamed who returned from India, had violated his mandatory 14-day home quarantine order by going to his restaurant. Kedah Consumers’ Association (CAKE) Mohamad Yusrizal Yusoff said that the cluster resulted in residents and traders in the area suffering losses of RM14,000 each. “This action has to be taken because people here did not only suffer monetary losses but some feel they were shunned by society, outsiders refuse to get close to them, they can’t go out to work. Many have exhausted their savings. They were just going to get their lives back in order when the Movement Control Order (MCO) ended but then this happened,” he said.

3. “48 down with food poisoning after consuming dessert purchased online,” The New Straits Times, 26 May 2020 (Link)

KUALA TERENGGANU: A total of 48 people suffered food poisoning after consuming puding buih – a local dessert – which was purchased online. Up to 20 of the victims were admitted to the Sultanah Nur Zahirah Hospital (HSNZ) here yesterday, with one being warded in the intensive care unit. “Four other patients were admitted to private hospitals, while the remaining victims received outpatient treatment. Most of the patients experienced symptoms such as stomach ache and diarrhoea.”

4. “Family of e-sports star sues Thai government over Covid-19 death,” The New Straits Times, 15 May 2021 (Link)

THE family of an e-sports player who died of Covid-19 is suing the prime minister and others for 4.5 million baht (RM591,000) over his death. The family claims that it was his inability to get tested on time which led to his death, according to the Bangkok Post. The lawsuit was filed by the deceased’s elder brother, Kulachet Wattahnaphon at the Administrative Court recently. Apart from Prime Minister Prayut Chan-o-cha, the Centre for Covid-19 Situation Administration was also named in the suit for failing to quickly respond to pleas for help from Kunlasub, who died of Covid-19 in a hospital on April 23.

5. “Injured worker in DASH highway construction mishap dies,” The New Straits Times, 20 June 2021 (Link)

PETALING JAYA: One of the two construction workers who suffered injuries after a scaffolding collapsed yesterday at the DASH highway construction site near the New Klang Valley Expressway’s (NKVE) Kota Damansara exit, here, died today. Petaling Jaya district police chief Assistant Commissioner Mohamad Fakhrudin Abdul Hamid said it received a report regarding the victim’s death at about 4pm. “I understand that the victim was in critical condition when he was sent to the Sungai Buloh Hospital for further treatment. The victim was confirmed dead while receiving treatment at the hospital at 4pm. The autopsy results performed on the victim found that he died due to multiple trauma and dysfunction of multiple organs due to a heart attack,” he said at a press conference at the Petaling Jaya district police headquarters today.

6. “Pitbull attacks young girl, bites her face,” The New Straits Times, 29 June 2019 (Link)

MERSING: An 11-year-old girl suffered serious injuries to her face after she was bitten by a neighbour’s dog in an incident at a home in Taman Makmur, Endau, here, on Thursday. Mersing district police chief Supt Cyril Edward Nuing said in the 7.30pm incident, the girl was playing at her neighbour’s home. “The attack was believed to have happened after the chain holding the pitbull broke off, after which the dog attacked the victim. “The dog is a mixed breed and bit the girl on her face and several parts of her body,” he said in a statement, here, today.

7. “Slimming treatment goes wrong for woman,” Thu Sun Daily, 27 Mar 2019 (Link)

Kuala Lumpur – A plan to slim down went horribly wrong for a young woman recently. She ended up with an infection, scars, swollen arms and a lot of pain. The woman, who wanted to be known as Nanthini, came to know of a medispa (a clinic-cum-spa) that offered such treatments through radio advertisements and social media. She visited the medispa where a man claiming to be a doctor gave her multiple injections on the arms to reduce fat. MCA public complaints bureau chief Datuk Michael Chong, who related her ordeal to the press today, said she was told that the injections were better than another treatment called “fat freezing”. But both her arms became infected and swollen a month later. Nanthini said she returned to the clinic where the doctor surgically removed the abscess without putting her under anaesthesia.

8. “Man hospitalised after handphone explodes at his ear while being charged,” News Strait Times, 23 Apr 2016 (Link).

Singai Petani – A man was injured when his mobile phone exploded while he was talking on his phone that was plugged into a charger, early this morning. In the 4.40am incident, the 28-year-old man suffered burnt injuries with iron bits embedded in the right side of his face, chest, and right hand. State Health Department Director Datuk Dr. Norhizan Ismail, confirming the incident which had gone viral on social media, said the victim also sustained injuries on his right cornea and suffered a perforated eardrum following the explosion. Dr Norhizan said the man was rushed to the Yan Hospital emergency unit before being transferred to the Sultan Abdul Halim Hospital here for treatment.

9. “HKL diagnoses Pasir Gudang boy with myokymia after exposure to pollutants” (Link)

Malay Mail, JOHOR BARU, July 5 2019 — The debilitating tremors afflicting Irfan Wafiy Idham Wazir, 12, have finally been given a name — myokymia. The Standard Six boy is among hundreds of students in Pasir Gudang who fell victim to health issues from breathing in the chemical fumes polluting Sungai Kim Kim in the Johor industrial district last March and was recently diagnosed by specialists at Hospital Kuala Lumpur (HKL) to be suffering from the movement disorder, national news agency Bernama reported.