Application of

Negligence/Tort Claim
2 Types:
Involving Personal Injury
- plaintiff having suffered harm to body and/or mind
- pain, suffering, general diminished quality of life
- loss of future earnings
- loss of earning capacity
- future care expenses

Not Involving Personal Injury

– damage to property
- loss of use or enjoyment of property
- diminishment of value of property
 Application of
Negligence/Tort Claim

4 Principles:
1. Duty of Care
2. Breach of Duty of Care
3. Breach had directly Caused Event
4. Event led to Harm/Injury
 Application of
Negligence/Tort Claim

Civil Claim:
- Compensation for damages only in monetary form

- Losses, injuries, harms suffered to be quantified as a

payable amount
 Application of
Negligence/Tort Claim

Legal Limitations for Filing an Action:

Limitation Act 1953
– only applicable if Defendant pleaded defense using L.Act
Application of Limitation Act
1953
(Act 254)
3 Tests:
Abdul Aziz
– 6 yrs limitation start from the date of cause of damage

Kamariyah
– 6 yrs limitation start from the date of discovery of damage,
or when damage ought to have been discovered

L.Act - Sec 6A
– if damage discovered,
limitation of 3 yrs start from the date of discovery,
Max period of 15 yrs from cause of damage
Application of Limitation Act
1953
(Act 254)
Abdul Aziz
– 6 yrs limitation start from the date of cause of damage
Application of Limitation Act
1953
(Act 254)
Kamariyah
– 6 yrs limitation start from the date of discovery of damage,
or when damage ought to have been discovered
Application of Limitation Act
1953
(Act 254)
L.Act - Sec 6A
– if damage discovered,
limitation of 3 yrs start from the date of discovery,
Max period of 15 yrs from cause of damage
Application of Limitation Act
1953
(Act 254)
L.Act - Sec 6A
– if damage discovered,
limitation of 3 yrs start from the date of discovery,
Max period of 15 yrs from cause of damage
Application of Limitation Act
1953
(Act 254)
L.Act - Sec 6A
– if damage discovered,
limitation of 3 yrs start from the date of discovery,
Max period of 15 yrs from cause of damage
Application of Limitation Act
1953
(Act 254)
L.Act - Sec 6A
– if damage discovered,
limitation of 3 yrs start from the date of discovery,
Max period of 15 yrs from cause of damage