 Ability to distinguish a tort from other
common areas of law
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 Ahnaf Azmi, Norchaya Talib on Torts in Malaysia,
(Sweet & Maxwell Asia 2021)
 Wan Azlan Ahmad & Mohsin Hingun, Malaysian
Tort Law, (Sweet & Maxwell Asia 2019)
3

 Crime – a wrong against the state
 Trust – “an arrangement… settlor transfer
property to one or more trustees, who
hold it for the benefit of one or more
persons…” – Oxford Dictionary of Law
 Contract – rights and duties arising from an
agreement between parties
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 Land – the law pertaining to land matters
 Public law – “law that deals with the
constitution and functions of the
organs of central and local
government, the relationship
between individuals and the
state… includes constitutional
law, administrative law, tax law
and criminal law…”
- Oxford Dictionary of Law
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Wrong against?
Instituting party?
Parties?
Relevant procedure?
Remedy?
Verdict?
6

Applicable principles?
Applicable to?
Cause of action?
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 Basis of duties?
 Duties owed to?
 Purpose of remedy?
◦ Edwards v Mallan [1903] 1 KB 1002
◦ Henderson v Merrett Syndicates [1994] 3 All
ER 506
◦ Abdul Hamid Abdul Rashid, Dr. & Anor v
Jurusan Malaysia Consultants & Ors [1997] 1
AMR 637
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 TORT vs LAND
◦ Extent of right to sue
 TORT vs PUBLIC LAW
◦ Who owes the duty to whom
◦ Governing law
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