CONFIDENTIAL LW/OCT 2010/LAW435/113

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE LAW OF TORTS I

COURSE CODE LAW435/113
EXAMINATION OCTOBER 2010
TIME 3 HOURS

INSTRUCTIONS TO CANDIDATES

1. This question paper consists of three (3) parts : PART A (5 Questions)

PART B (2 Questions)
PART C (1 Question)

2. Answer ALL questions in the Answer Booklet. Start each answer on a new page.

3. Candidates are strongly advised to allocate not more than 60 minutes in answering
questions in PART A.

4. Do not bring any material into the examination room unless permission is given by the
invigilator.

5. Please check to make sure that this examination pack consists of:
(i) the Question Paper
(ii) an Answer Booklet - provided by the Faculty

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

This examination paper consists of 4 printed pages
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PART A

QUESTION 1

James, a passenger in a car driven by Amar, was seriously injured in an accident caused by
Amar's negligent driving. James was not wearing a seat belt at that time. What defence, if
any, can be used by Amar to avoid liability?
(6 marks)

QUESTION 2

Briefly discuss the significance of the Federal Court decision in Foo Fio Na v Dr Soo Fook
Mun & Anor (2007) 1 MLJ 593 on the standard of care of doctors.
(6 marks)

QUESTION 3

With reference to one decided case, explain the application of the "but for" test in
establishing causation in claims for negligence.
(6 marks)

QUESTION 4

Some types of torts are classified as intentional torts. Explain the meaning of "intentional
torts."
(6 marks)

QUESTION 5

In July, Tina borrowed a book from Johan, saying that she needed it for an assignment. She
promised to return the book in a month's time. Until today, Tina has still not returned the
book. What cause of action, if any, does Johan have against Tina?
(6 marks)

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PARTB

QUESTION 1

Indicate and discuss the elements that a plaintiff must prove in order to establish a claim for
negligent misstatement occasioning financial loss.

Support your answer with relevant cases.

(20 marks)

QUESTION 2

Missy, a Part 5 law student at Universiti Merdeka, went to a sundry shop to conduct an
interview with the staff on safety at the workplace as part of her project. During the interview
with the cashier, the owner, Razif, came into the shop and asked her what she was doing.
Upon discovering Missy's project objectives, Razif asked Missy to leave. Missy refused to do
so, claiming that she had a right to be there since the manager, Ali, had given permission for
her to conduct the interview. Razif took hold of Missy's arm and pushed her out of the shop.
Missy, who was an only child, was very angry at Razif's treatment of her and shouted at him,
"Just wait and see. One of these days, my brothers will burn down your shop."

With reference to relevant authorities, advise the parties on the applicable causes of action.

(20 marks)

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CONFIDENTIAL 4 LW/OCT 2010/LAW435/113

PARTC

QUESTION 1

Joe is driving his car when he absent-mindedly enters the motorway by the exit slip road into
the path of an oncoming car driven by Maya and causes a serious accident involving dozens
of vehicles. Some of the drivers are killed, some are dreadfully mutilated and many start to
wander along the road shoulder in a daze.

Tim, Maya's husband, is a policeman at the police traffic control centre. He observes the
carnage taking place on one of the television monitors and recognizes his wife's car. He is
so shocked by the incident that he suffers a mental disorder and eventually commits suicide.

Bob, who has a sensitive disposition, is watching the traffic from a motorway bridge when
the accident occurs. He becomes increasingly depressed as a result of constant reflection of
the circumstances of the accident.

Yeop, a fireman, called to the scene to release the occupants of the cars from their vehicles,
is so affected by what he has seen that he suffers from catastrophic neurosis.

Advise Joe on the issues likely to arise should claims be brought against him for negligent
driving.
(30 marks)

END OF QUESTION PAPER

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