MALAYSIA LEGAL SYSTEM
LAW OF TORTS – TRESPASS TO PERSON
1 ) Assault
5. Wrongful take action of frightening, with purpose to trigger reasonable anxiety about immediate battery pack by the wrongdoer. * Most people are protected of the fundamental correct not to become assaulted devoid of justification.
Elements of Assault
i. Intention of causing fear by the wrongdoer.
ii. Capability of the wrongdoer to carry out the threat
3. Reasonable to get claimant to feel anxiety about such menace
2 . Electric battery
* Wrongful action of deliberately touching devoid of lawful approval. * Anyone who is staying touched did not consent to the act. * Touching in violent fashion.
* For example: threatening, punch.
Elements of Power supply
i. Goal of the wrongdoer to touch.
ii. There exists physical touching towards the claimant body or perhaps clothes iii. No approval was given by the claimant to the act of touching.
three or more. False Imprisonment
* Wrongful act of detaining somebody without legitimate justification. 5. The person is usually denied all their freedom of movement.
Elements of False Imprisonment
we. Intention with the wrongdoers to detain the claimant.
ii. There is detention and the constraint must complete.
Defences in Trespass to Person
1 ) Self-defence and defence of property, damage or damage suffered by plaintiff is usually caused by the defendant. 2 . The defence's necessity – to save lifestyle.
Law of Torts – Negligence
5. Negligence can be described as breach of duty of care, which results in damage to the claimant. * Case of Donoghue sixth is v. Stevenson (1932)
* Mrs Donoghue went to a restaurant with a good friend. The friend brought her a bottle of wine of alcoholic ginger beer and a great ice cream. The ginger beer came in an funeste bottle so that the contents cannot be seen. Mrs Donoghue put half the contents of the bottle above her ice cream and also consumed some from your bottle. After you eat part of the ice cream, she then poured the contents of the bottle above the ice cream and a deconstructed snail come about from the bottle of wine. Mrs Donoghue suffered injury as a result. Your woman commenced a claim against the manufacturer in the ginger beer.
Components of Negligence
The claimant need to establish four (4) components: -
i. The wrongdoer owed a duty of treatment.
ii. There is breach from the duty of care.
iii. The claimer suffered destruction as a result of that breach. iv. The damage suffered was not as well remote.
Carelessness Case: Donoghue v. Stevenson (1932)
Master Atkins " Neighbour Principle”
‘The evaluation in identifying the existence of work is whether the plaintiff was the neighbour from the defendant' Question: " Could a reasonable guy, who is the same circumstances because the defendant, foresee that his perform will negatively affect the plaintif? ” *Once the individual established the negligence, destruction must not be ‘too remote'.
You will discover two (2) tests of Remoteness of Damage: -
1 . Direct Accompanying Test
5. The test had not been too remote control was dependant on the rule under the case of Re Polemis (192) * Test was recognized for 4 decades.
* Nevertheless , the court in the case of Wagon Mound No . 1 (1960) held that Re Polemis was incorrect.
2. Case: Re Polemis & Furness Withy & Company Ltd. * A lot of Stevedores carelessly dropped a plank of wood into the hold of a ship. The plank minted something as it was falling which caused a spark. The spark was ignited by simply petrol vapours resulting in the destruction with the ship. The arbitrator organised that the causing of the spark could not have been anticipated and therefore no legal responsibility arose. The claimant become a huge hit. * Outcomes, there was no requirement the damage was foreseeable. The defendant was liable for all of the direct implications of their actions.
2 . Fair Foreseeability Check
* Use the " sensible foreseeability test”
* In order to recover damage, the individual must prove that, the kind of destruction that this individual suffered, " must be foreseeable”.
* Circumstance: The Lorry Mound not any 1�...