CONFIDENTIAL LW/JAN 20121LAW435/113

UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION

COURSE LAW OF TORTS I

COURSE CODE LAW435/113
EXAMINATION JANUARY 2012
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 Do not bring any material into the examination room unless permission is given by the
invigilator.
4 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 I
"A pre-existing contractual relationship is necessary for a duty of care to arise in negligence."

Explain whether you agree with the view expressed above with reference to a decided case.

(6 marks)

QUESTION 2

Explain the significance of the decision in Foo Fio Na v Dr Soo Fook Mun & Anor [2007] 3
MLJ 593.
(6 marks)

QUESTION 3

Citing relevant authorities, determine the elements of "volenti non fit injuria" that must be
established by the defendant to be successfully raised against the plaintiff in a claim for
negligence.
(6 marks)

QUESTION 4

Briefly explain the remedies that are available in a claim for trespass to land.
(6 marks)

QUESTION 5

Last year, Janet was invited by her friend, Munah, to her new house to celebrate Munah
moving into the house. While taking a tour of the house, Janet found a gold ring lying on the
floor of Munah's bedroom. Janet knew that the ring was valuable and had been given to
Munah by her grandmother. Janet also knew that Munah was a very disorganized person
and was always misplacing her things. Intending to teach Munah a lesson, Janet hid the ring
in one of the drawers in the bedroom. Unfortunately, the ring was later stolen by an unknown
person.

Consider whether Janet has committed a tort.

(6 marks)

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PART B

QUESTION I

Tuah's neighbour, Jebat, offered to carry out the servicing of Tuah's car. Jebat forgot to
replace the radiator cap after topping up the water, so that steam started to come out of the
bonnet of the car when Tuah was driving immediately after Jebat had carried out the
servicing. Tuah left the car at the side of the road when he saw the steam and walked off to
find a telephone to summon help. In his anxiety he forgot to lock the door of the car and left
the keys in the ignition. In his absence an unknown thief stole the car and when driving it at
high speed through a red traffic light, collided with Lekir's car, causing Lekir severe injuries.
The unknown thief ran off and was never traced.

Advise Lekir on his cause of action, if any, against Tuah.

(20 marks)

QUESTION 2

Ben has agreed with Bob to use his front room on the day following the Cup Final in order to
watch the local team return triumphant or otherwise, with the Cup. Ben agreed to pay RM50
for this. On the morning of the day in question, Ben arrived with several friends, some of
whom appeared to be still intoxicated after the celebrations of the previous night, Bob says:

"The deal is off. Take this mob away."

Ben says: "You can't do this. We agreed. Let me through."

He pushed Bob aside and sat down in the room. Bob fetched his friend Boon who threw Ben
out onto the road causing injuries to Ben's back. Ben's friend, who had retreated out of the
house, threw bottles through the windows of Bob's house.

Advise Bob.
(20 marks)

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PART C

QUESTION I

Merak Sdn Bhd (Merak) was negotiating a RM2-million joint venture project with another
company, Globe Sdn Bhd (Globe). Merak then employed Kira & Co (Kira), an accounting
firm, to prepare a financial report on Globe for their Board of Directors and shareholders.
Kira appointed Thomas, one of their senior accountants, to head the team in preparing the
report.

A year later, the national newspapers reported that Merak was in serious financial difficulties
due to its joint venture project with Globe. It appeared that Globe has been in financial
trouble for the last two years, and has now gone into liquidation. Subsequently, it was
discovered that the discrepancy between Kira's report and Globe's actual financial state was
mainly due to the negligence of some members of Thomas's team. As a result, Merak Sdn
Bhd suffered severe financial loss.

On hearing the news, the Board of Directors at Kira immediately asked Thomas to explain
the actions of his team as Merak had threatened to take legal action against Kira. Thomas,
who was vacationing in Penang when the news broke, immediately cut short the vacation
and drove home to Petaling Jaya with his family.

Near Kuala Kangsar, Thomas, who was on the phone with a colleague, failed to notice that
the car in front of him, driven by Seri, had substantially slowed down. When he realized that
fact, Thomas quickly braked but it was too late. Thomas's car hit Seri's car which then
banged into the road divider causing it to spin around several times. Seri's car eventually fell
into a ditch at the side of the road. Seri's husband and niece, who were in the car with her,
died at the scene of the accident. It took the rescue team an hour to get to the accident
scene and a further two hours to extricate Seri and her family from their car. Seri was
severely traumatized by the whole incident. For months afterwards, she suffered from severe
depression and was diagnosed as unfit to work for six months.

Based on relevant authorities, advise Merak Sdn Bhd and Seri on whether they have any
cause of action in negligence against any of the above parties.
(30 marks)

END OF QUESTION PAPER

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