4.

2 Cause of Action

Tutorial 2
1. What is the meaning of cause of action?
2. When cause of action for the following claim is complete?
a)Assault,
b) False imprisonment,
c)Strict liability
d) Malicious prosecution
e)Nuisance
f) Mandamus

3. Discuss the following cases.

a)Read v Brown
b) Cooke v Gill
c)Lim Kean v Choo Koon
d) Government of Malaysia v Lim Kit Siang

4. On the 9th of January 2019. Low was knocked down by a car driven by Lily as he was crossing
a zebra crossing. He suffers from laceration and breaks his femur. The accident was solely the
fault of Lily as she had failed to stop at a red traffic light on the zebra crossing. Upon being
discharged from the hospital, Low met you for legal advice as he is contemplating to sue Lily.
He further tells you that his son was also involved in the accident. However, upon being
examined by the doctor, the doctor did not diagnose that his son suffers from any injury. Being
a father, he was worried if the injury would surface and discovered later in time. Can his son
sue Lily for causing that injury after he comes to know of the injury?

He also after vehemently made a search at the Registrar and Inspector of Motor Vehicle and
had failed to discover the insurer of Lily’s car. He asked you, whether he can sue Lily first and
if years later he discovered the insurer, he will proceed to instruct you to sue the insurer.

5. In 2018, Muda agreed to grand loan to Tua. To secure the repayment of the loan, Tua agreed
to charge his land bearing registration no HS(D) 1089 Mukim Klang to Muda. The loan is to
be paid by the end of 2019. Muda instructed Tetuan Kasim and Partners to do the necessaries
so that the said land can be securely charged to him. Last year Tua failed to make repayment
of the loan. Muda instructed Tetuan Kasim and Partners to begin the process to foreclose the
land. No further action was taken by the said firm. Last week Muda made a search on the
register document of title of the said. To his dismay he discovered that Tetuan Kasim and
Partners had neglected to register the charge as he instructed.

Who can Muda sue and on what the cause of action in any? When does the cause of action
accrued?

© Mohd Yunus Bin Abu Samah Ijazah Sarjana Muda Undang-Undang (Kep.)/LW224
Fakulti Undang-Undang, UiTM
M/Pelajaran : Civil Procedure I Tarikh Kuatkuasa : 1hb. Oktober 2020
Kod : LAW602 No Keluaran : 2
Bahagian : 07 Muka Surat :