Malaysian Tort Law, Student Edition

Wan Azlan Ahmad & Mohsin Hingun

Adopting an analytical approach, this book presents a comprehensive coverage of tort law in Malaysia. 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. Other popular areas of tort like nuisance, occupiers’ liability, defamation and product liability are provided careful consideration. The topics of vicarious liability, remedies and applicable defences are explored in depth to complete the discussion in this book.

 The book endeavours to consider Malaysian tort law in light of development in major Commonwealth jurisdictions, covering matters that have and have not been considered by local appellate courts. Where specific issues are not covered by local precedent, the book attempts to point the way forward for the future development of Malaysian law, guided by judicial opinion and discussions of policy considerations overseas. 

The authors have drawn on their deep experience to meticulously analyse the law to prepare a text that will benefit practitioners, judges, judicial officers, academics and students.

KEY FEATURES

• The law is succinctly explained, in many instances displaying its development
• Reference is made to developments in major Commonwealth countries to add depth to the discussion and analysis
• Relevant judicial dicta are quoted to support the statements of law
• Possible directions for the future development of Malaysian law are carefully considered
• Contains extensive reference to local and foreign case law
• Content is structured in detail for the easy appreciation of readers

1. Introduction

2. Intentional Tort to the Person

3. Intentional Tort to Land

4. Tort Over Goods

5. Defences to Intentional Torts

6. The Tort of Negligence: Duty of Care

7. The Tort of Negligence: Breach of Duty

8. The Tort of Negligence: Causation and Remoteness

9. The Tort of Negligence: Defences

10. The Tort of Negligence: Matters of Proof

11. The Tort of Negligence: Matters of Proof and Res Ipsa Loquitur

12. Nuisance

13. Strict Liability: The Principle in Rylands v Fletcher

14. Breach of Statutory Duty

15. Occupiers’ Liability

16. Product Liability

17. Vicarious Liability

18. Defamation and Malicious Falsehood

19. Wrongs in Relation to Legal Process

20. Harassment

21. Liability for Animals 

22. Miscellaneous Torts

23. Remedies in Tort