NEGLECT

"Neglect" in the context of s. 34(1) connotes a wrongful act arising out of

the failure on the part of the defendant to exercise reasonable care, in
the performance of a duty (as opposed to the exercise of a discretion),
whether the duty arises from contract, as a result of a tort or a breach of
a statutory duty. Where, as in this case, a discretion is conferred upon
the defendant (rather than the imposition of a duty or obligation) then the
choice of the two alternatives provided in s. 33(2) does not constitute a
"neglect" as contemplated in the second limb of s. 34(1) . To "neglect"
doing "is the omission to do some duty when the party is able to do".
Judgment:
D.P. VIJANDRAN v. MAJLIS PEGUAM [1995] 2 CLJ 815