TUTORIAL TORT

Duty of care

Q1) Discuss the neighbour principle and its applications by thinking of your own
examples.
Breach of duty

Q1) In order to determine whether a defendant is in breach of his duty of care,

the law sets a standard which effect is that the conduct of the defendant is
compared to the conduct of the reasonable man.Who is the “reasonable man” in
the eyes of the law? Would there be different types of the“reasonable man”,
leading to different standards? Is this fair?
Q2) How does the duty test in Caparo Industries plc v Dickman differ
from the test in Donoghue vStevenson? Why did the courts abandon the
two-stage test?
Remoteness of damage :

Q1 ) To what extent is it important to distinguish between factual and legal

causation? In which category would you place the novus actus interveniens
principle?
Defences of negligence :

Q1) What are the principles applicable in the defence of contributory negligence?
Q2) What does volenti non fit injuria mean? How different is it from the defence
of consent ?
Problem Based Questions :

Question 1
Aminah is a winner of Master Chef Sarawak. Last month, she was invited to
UptownDesa Ilmu to demonstrate her skill in front of the public. She cooked
her famous meal“Kambing Bakar Harimau Menangis' during the
demonstration and served them with the meal. However, on the next day,
10 people were admitted to hospital due to stomach ache. An
investigation made by the doctors found that one of the ingredients used
byAminah had expired a year ago.Advised them whether they can take action
against Aminah
Question 2
Angus starts working in a factory, owned by DEF Ltd, which manufactures
industrial cleaning products. He is provided with protective gloves to use when
handling the products. His manager, Kim, informs him that all workers must
wear gloves at all times. Angus finds the gloves very uncomfortable and observes
that many workers do not wear them. Even though Kim notices that Angus has
stopped wearing the gloves, she says nothing to him. After a month, Angus’s
hands are very painful and inflamed. He is told by his doctor that the chemicals
are aggravating a skin condition he had as a child. The doctors inform him that
he should no longer work in the factory and that the condition will need intensive
treatment. Advise the parties as to their rights and responsibilities in this
situation.
Question 3
Parsley crossed a rather busy road in Petaling Jaya a few days ago and she
misjudged the speed of one of the two cars travelling on that road. The car could
not brake in time and hit Parsley. Pedestrians in that part of town often cross the
same road either at the crossing provided or anywhere along the road. Drivers
are often seen slowing down when driving in that area due to shoppers crossing at
all times. Would you argue that Parsley has either contributed or has been volens
towards her injury?