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RvF & other liabilities

cheng ping ng tort law CLP English

Flowchart content

  1. ryland v fletcher

  2. P has to establish

    1) D stored/accumulated dangerous thing

    2) dangerous thing escaped

    3) storing/accumulating of dangerous thing is non-natural use of the land

    4) it caused damage to P's ppty - subject to wagon mound

    ( in the law of torts by prof dr.norchaya talib, P can also claim for injuries )

  3. cases

  4. Seong fatt sawmills bhd v dunlop malaysia industries sdn bhd - excavation works, rain, flood, p goods destroyed, FC held D, negligence, nuisance, and even RvF

    Abdul rahman bin che ngah & ors v Puteh bin Samat -

  5. BOP

  6. same

  7. defense

  8. 1) consent of P 2) common benefit

    3) act of 3 party - out of D's control 4) act of god

    5) P's own fault caused the dmg

    6) statutory authority - imposed D to accumulate

  9. Liability for loss of consortium and loss of services

  10. main case: bas mini muhibbah sdn bhd v abdullah b salim allow LOC and it is seperate claim from the injured spouse

    *btw LOC had been abolished in common law

    LOS: P cannot perform house choir anymore, loss of service may be claim - Pengarah institut penyelidikan perubatan & anor v Intra Devi & anor

  11. liability for ppty dmg

  12. P has cause of action as negligent act by d has caused

    a) loss or dmg to personal effects

    b) to motor vehicle

    c) to immovable/movable ppty

    value claim is 1:1 no extra

  13. vicarious liability

  14. vicariously liable if there is relationship between employer employee and the employee committed the tort

    Union insurance (m) sdn bhd v chan you young

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CLP tort law (cause of action) Flowchart on RvF & other liabilities, created by cheng ping ng on 18/04/2019.
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cheng ping ng
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