Principles of Professional Liability in Malaysia by Wan Azlan Ahmad


Principles of Professional Liability in Malaysia by Wan Azlan Ahmad and Mohsin Hingun

Author Wan Azlan Ahmad and Mohsin Hingun
Publication Date Feb 2021
ISBN 9789672919049
Hardcover + Ebook
Publisher Sweet & Maxwell

This book aims to investigate the major principles of professional liability in Malaysia, with a focus on tort and equity responsibilities, as well as contractual and written law requirements. While specific chapters are devoted to the law as it applies to surveyors, construction professionals (such as engineers, architects, and quantity surveyors), accounting professionals, doctors, and lawyers, the law is examined against the backdrop of the general law that applies to all professionals.

The book covers some fundamental concerns, such as whether a professional has a duty to a client or a third party, what is the legal standard of care that a professional must follow, and what is the scope of a professional's liability if a breach of duty is proven. In addition to the concepts of tort damage assessment, the laws controlling equitable compensation are highlighted.

For clearer analysis and to demonstrate the path forward for Malaysian law when questions have yet to be addressed in Malaysia, the authors have helpfully supplied a wide range of pointers to relevant developments other Commonwealth jurisdictions.

KEY TOPICS of Principles of Professional Liability in Malaysia:

  • Examination of general legal principles and their application to the chosen professions.
  • Advice on how to construct local law in tough situations where there are no established local authorities.
  • In regard to the selected professions, specific duties originating at common law, equity, or under statute.
  • The appropriateness of qualifications and expertise, as well as the standard of care.
  • Caparo Industries v Dickman and Smith v Eric Bush established the parameters and boundaries of the tests.
  • The significance of a retainer and the SAAMCO principle's applicability.
  • The law that governs confidentiality.
  • The use of limitations in claims for hidden flaws in constructions.
  • Damages for breach of fiduciary duties.
  • Damages are calculated.

TABLE OF CONTENTS of Principles of Professional Liability in Malaysia

Part I: General Principles
1. Duties in Contract and Tort
2. Fiduciary Obligations
3. Duties under Written Law
Part II: Duty and Breach
4. Surveyors
5. Construction Professionals
6. Accountants and Auditors
7. Doctors
8. Lawyers
Part III: Remedies and Damages
9. Remedies
10. Damages for Breach of Duty

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ISBN: 9789672919049

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