Malaysian Tort Law

This book gives a complete study of Malaysian tort law using an analytical methodology. In addition to the tort of negligence, less prevalent torts such as wrongs in the judicial process, breach of statutory duty, harassment, animal responsibility, and intentional tort to the person are all included. Other common torts, such as annoyance, occupiers' liability, defamation, and product liability, are thoroughly examined. To round out the debate, the themes of vicarious liability, remedies, and appropriate defences are thoroughly examined.

The book examines Malaysian tort law in light of recent developments in key Commonwealth jurisdictions, focusing on issues that have and have not been addressed by local appellate courts. Where local precedent is lacking, the book aims to chart a course for the future evolution of Malaysian law, led by judicial opinion and analyses of international policy matters.

The writers have used their extensive experience to rigorously analyse the law in order to produce a text that will be useful to practitioners, judges, judicial officers, scholars, and students.

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