CONFIDENTIAL LW/APR 2010/LAW435/113

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE LAW OF TORTS I

COURSE CODE LAW435/113
EXAMINATION APRIL 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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CONFIDENTIAL 2 LW/APR 2010/LAW435/113

PART A

QUESTION 1

Explain the legal principles stated in the case of Donoghue v Stevenson (1932) AC 562.

(6 marks)

QUESTION 2

What is meant by the concept of 'special relationship' for the purpose of liability for negligent
misstatement?
(6 marks)

QUESTION 3

Explain the maxim of ex turpi causa non oritur actio and its applicability in an action in
trespass.
(6 marks)

QUESTION 4

Tutong is a tramp. One day he enters Melati's garden shed and falls asleep inside. Melati
finds him asleep, and locks him in while she calls the police. It is not until Melati returns with
a police officer that Tutong wakes up. They tell him he has been locked in.

Discuss whether Tutong can take any action against Melati.

(6 marks)

QUESTION 5

Ramu, a primary school pupil, was alone in his classroom when a school bully, Bob, walked
in. Bob threatened to hit Ramu with his brand new hockey stick. Bob then left the room to get
his hockey stick.

With reference to all the elements of assault, consider whether an assault has been
committed.
(6 marks)

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CONFIDENTIAL 3 LW/APR 2010/LAW435/113

PARTB

QUESTION 1

One day, when walking home, Willy trips and falls, injuring his knee. Several days later,
while driving to work, he sees Zain crossing the road and brakes to avoid hitting him.
Unfortunately, due to the pain in Willy's knee, he cannot fully press his brake pedal and as a
result he hits Zain. The collision occurs at a fairly slow speed and a normal person would
only have suffered minor bruises as a result, but Zain has brittle bones and suffers two
broken legs and a number of broken ribs. He is taken to the local hospital where, due to an
administrative mistake, his right arm is amputated.

Advise Zain on his cause of action against Willy.

(20 marks)

QUESTION 2

One morning, Sam, a lorry driver, left his lorry unattended at the top of a steep hill with the
engine running. Unfortunately, the brakes of the lorry had not been securely engaged and
the lorry subsequently rolled down the steep incline of the road. Milah had just left her young
daughter, Rini, round the corner of Jalan Kiasan in the direction in which the lorry was
moving down. Later Milah was told by a passer-by that a girl with glasses had been seriously
injured by a lorry along that road. Fearing for the safety of her daughter, Milah suffered a
nervous shock.

Zek, who saw the incident, rushed to the scene and helped to rescue the victim. It turned out
that another young girl, Tipah, who was cycling home from school, was involved in the
accident. The memory of that accident haunted Zek and he suffered post traumatic stress
disorder.

Man, the father of Tipah, saw the accident involving his daughter on live television
broadcast. He suffered psychiatric shock.

Advise Milah, Zek and Man on their rights of action.

(20 marks)

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CONFIDENTIAL 4 LW/APR 2010/LAW435/113

PARTC

QUESTION 1

Billy was driving around in Shah Alam when he saw a wedding taking place at Anna's house.
Pretending to be an invited guest, Billy managed to gain entry into the house. While
snooping around the house, he opened a drawer and saw Anna's brand new Omega watch.
Billy quickly took the watch and put it in his pocket. He then left the house and went to a
shopping mall.

At the mall, Billy went into a shop called Unik Gifts to buy a card for his girlfriend. However,
when he took out his wallet to pay for the card, the watch fell out of his pocket. Billy was
unaware of this, and left the shop after paying for the card.

A few hours later, Rose who was the manager at Unik Gifts, spotted the watch on the shop
floor. She picked it up and kept it in a drawer at the counter in case the owner turned up to
look for it.

A few months later, Anna went to Unik Gifts to get a birthday gift for her niece when she
noticed that her watch was displayed next to a sign that stated, "Second-hand Watch at a
Discount". She told Rose that the watch was hers and that Unik Gifts has no right to sell the
watch. Anna demanded that the watch be returned to her immediately. Rose refused to do
so. Rose and Anna got into an argument. When Anna tried to open the display unit to get her
watch, Rose pushed her. Anna fell and twisted her ankle.

With reference to relevant authorities, advise the parties as to their rights and liabilities under
the relevant law of torts.
(30 marks)

END OF QUESTION PAPER

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