Am228
MALAYSIA LEGAL SYSTEM
LAW OF TORTS – TRESPASS TO PERSON 1. Assault * Wrongful act of threatening, with intention to cause reasonable fear of immediate battery by the wrongdoer. * Everyone is protected of the fundamental right not to be assaulted without justification.
Elements of Assault i. Intention of causing fear by the wrongdoer. ii. Capability of the wrongdoer to carry out the threat iii. Reasonable for claimant to feel fear of such threat
2. Battery * Wrongful act of intentionally touching without lawful justification. * The person who is being touched did not consent to the act. * Touching in violent manner. * Eg: threatening, slap.
Elements of Battery i. Intention of the wrongdoer to touch. ii. There is physical touching towards the claimant body or clothes iii. No consent was given by the claimant to the act of touching.
3. False Imprisonment * Wrongful act of detaining someone without lawful justification. * The person is denied their freedom of movement.
Elements of False Imprisonment i. Intention of the wrongdoers to detain the claimant. ii. There is detention and the restraint must complete.
Defences in Trespass to Person 1. Self-defence and defence of property, injury or damage suffered by the plaintiff is caused by the defendant. 2. The defence’s necessity – to save life.
Law of Torts – Negligence * Negligence is a breach of duty of care, which results in damage to the claimant. * Case of Donoghue v. Stevenson (1932) * Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over the ice cream and a decomposed
LAW OF TORTS – TRESPASS TO PERSON 1. Assault * Wrongful act of threatening, with intention to cause reasonable fear of immediate battery by the wrongdoer. * Everyone is protected of the fundamental right not to be assaulted without justification.
Elements of Assault i. Intention of causing fear by the wrongdoer. ii. Capability of the wrongdoer to carry out the threat iii. Reasonable for claimant to feel fear of such threat
2. Battery * Wrongful act of intentionally touching without lawful justification. * The person who is being touched did not consent to the act. * Touching in violent manner. * Eg: threatening, slap.
Elements of Battery i. Intention of the wrongdoer to touch. ii. There is physical touching towards the claimant body or clothes iii. No consent was given by the claimant to the act of touching.
3. False Imprisonment * Wrongful act of detaining someone without lawful justification. * The person is denied their freedom of movement.
Elements of False Imprisonment i. Intention of the wrongdoers to detain the claimant. ii. There is detention and the restraint must complete.
Defences in Trespass to Person 1. Self-defence and defence of property, injury or damage suffered by the plaintiff is caused by the defendant. 2. The defence’s necessity – to save life.
Law of Torts – Negligence * Negligence is a breach of duty of care, which results in damage to the claimant. * Case of Donoghue v. Stevenson (1932) * Mrs Donoghue went to a cafe with a friend. The friend brought her a bottle of ginger beer and an ice cream. The ginger beer came in an opaque bottle so that the contents could not be seen. Mrs Donoghue poured half the contents of the bottle over her ice cream and also drank some from the bottle. After eating part of the ice cream, she then poured the remaining contents of the bottle over the ice cream and a decomposed