• Provides valuable guidance on the practice at the Intellectual Property and Construction Courts
• Presents helpful overview of the types of cases commonly encountered in these courts
• Contains clear analysis of the applicable law and procedure
• Includes Practice Directions relevant to the practice in these courts
• Presents instructive slides on civil litigation trial and advocacy
• Available on ProView only: extracts of key statutory provisions for easy reference 

This is a professional guide on the practice and procedure at the specialist Intellectual Property and Construction Courts of Malaysia. Intellectual property and construction cases are often considered as technical and complex, requiring in-depth understanding by the parties, their lawyers as well as judges too. Experts are also frequently involved. The principal object of the book is to demystify the practice and procedure in these specialist courts. The content has been structured in a methodical manner that is easily accessible and comprehensible to the reader.

Starting off with an introduction of the history, jurisdiction and powers of the specialist Intellectual Property and Construction Courts, the book considers the causes of action and defences commonly encountered in both courts. It then delves in the writ action process from start to finish, including several typical interlocutory applications. Originating summons and appeals processes are also given careful treatment. Specifically for the Constructions Court, useful consideration is given to the arbitration and statutory adjudication-related processes.

Throughout the book, relevant Malaysian legislation and case authorities have been cited and discussed. Occasional references have been made to foreign cases to shed light on more difficult areas of practice. The book benefits from the professional expertise and experience of an author who brings with him years of legal practice and judicial experience.

This book is useful for lawyers, law academicians, patent and registered design agents, trademark agents, architects, engineers, surveyors as well as building and engineering contractors.

Giliker's Tort law textbook presents an accessible and current picture of the law of torts and is ideal for those approaching the subject for the first time. The text succinctly covers all the major concepts in the law of torts and clearly illustrates how they work in practice by reference to the major cases in this field and the main statutory provisions.

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law. Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages Goes through the statement of case, the trial and appeals Considers damages in relation to particular contracts, torts and human rights such as below: Contracts Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services Torts Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office Human Rights Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum. The 22nd edition contains a number of significant new features: Each and every chapter of the book's chapters has been updated and many have been very substantially revised. An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt". Coverage of significant recent case law developments in the law of damages Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information. Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States. Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

Tort memangnya suatu subjek yang amat menarik dalam pembelajaran undang-undang. Ini adalah kerana undang-undang tort meliputi hubungan sesama individu-individu di dalam masyarakat. Apakah yang dibenarkan oleh undang-undang dan apakah yang tidak dibenarkan oleh undang-undang? Buku ini akan memberi pengetahuan asas, ringkas dan menarik tentang undang-undang tort.

Tort asas seperti kecuaian, fitnah, kacau-ganggu, dan tort berniat kesemuanya dijelaskan dengan sistematik. Di akhir setiap bab, pembaca dijemput memikirkan tentang tort yang berkenaan untuk memantapkan lagi pemahaman dan analisa tentang tort tersebut.

 

Buku ini amat berguna sebagai panduan asas pelajar-pelajar yang mempelajari undang-undang tort. Edisi baru ini mengambil kira perkembangan kes-kes mahkamah yang membawa penerangan dan arah baru.

 

About the Book

Charlesworth & Percy on Negligence is the principal guide to a complex area of the law, providing unrivalled depth of analysis into the tort of negligence. Key Features: Sets out comprehensively the general principles, covering duty of care and liability issues under the tort of negligence Shows how the principles developed through the application of the common law and explains how the law of negligence has been applied in the UK and Commonwealth jurisdictions Explains the duty to take care, when it exists, between what parties it exists and to assess quickly if a cause for action exists Explains what remedies may be available, including damages and investigates the remoteness of damages as a remedy Explains the burden of proof in negligence cases Demonstrates the defences and discharges from liability Demonstrates the standard of care principle in relation to persons professing some special skill, highways and transport, employee employer relationship Provides an essential reference for every negligence case whether it is to do with personal injury including resulting in death, property, product liability and injury caused by animals and death Differentiates between absolute and strict liability Includes up-to-date statutory duties which means you will know exactly how recent changes apply Shows, through a detailed analysis of case law, how the principles work in specific situations and sets out the implications of new developments to help you take a view on your particular case The Second Supplement to the Fifteenth Edition brings the main work up- to-date with all the recent developments including: In the Supreme Court Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1 Armstead v Royal Sun Alliance Insurance Co Ltd [2024] UKSC 6 HXA v Surrey CC [2023] UKSC 52 Trustees of the Barry Congregation of Jehovah's Witnesses v BXB [2023] UKSC 15 McCulloch & others v Forth Valley Health Board [2023] UKSC 26 In the Court of Appeal Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377 MXX v A Secondary School [2023] EWCA Civ 996 Juj v John Lewis Partnership [2023] EWCA Civ 1507 Zanatta v Metroline Travel Ltd [2023] EWCA Civ 224 Benyatov v Credit Suisse (Securities) Europe Ltd [2023] EWCA Civ 140 FXJ v Secretary of State for the Home Department [2023] EWCA Civ 1357

KEY FEATURES

• The law is succinctly explained, in many instances displaying its development
• Reference is made to developments in major Commonwealth countries to add depth to the discussion and analysis
• Relevant judicial dicta are quoted to support the statements of law
• Possible directions for the future development of Malaysian law are carefully considered
• Contains extensive reference to local and foreign case law
• Content is structured in detail for the easy appreciation of readers

KEY TOPICS:

• Examination of the general law, and their application in respect of the selected professions.
• Guidance on the possible development of local law for difficult issues without settled local authorities.
• Specific duties arising either at common law, equity or under legislation in relation to the selected professions.
• Standard of care, and the relevancy of qualification and experience.
• The conditions, and limits, of the tests developed in Caparo Industries v Dickman and Smith v Eric Bush.
• The importance of a retainer and the application of the SAAMCO principle.
• The law regarding confidentiality.
• The application of limitation in claims for latent defects in buildings.
• Remedies for breach of fiduciary obligations.
• Quantification of damages. 

This book seeks to examine the main principles of professional liability in Malaysia with emphasis on the liabilities in tort and equity, in addition to the obligations under contract and written law. While specific chapters are devoted to the law as is applicable to surveyors, construction professionals (exemplified by engineers, architects and quantity surveyors), accounting professionals, doctors and lawyers, the law is examined against the backdrop of the general law applicable to professionals generally.

The book provides the answers to some key questions - in what circumstances would a professional owe a duty to a client or to a third party, what is the standard of care the law demands that a professional should adhere to, and what would be the extent of the liability of a professional where a breach of duty is proved. In addition to the principles of assessment of damages in tort, emphasis is also given to the rules governing equitable compensation.

The authors have helpfully provided a wide range of pointers to relevant developments of the law in Commonwealth jurisdictions for better analysis and to show the way forward for Malaysian law where issues have yet to be decided in Malaysia.

A primary reference tool on the general principles and the particular aspects of common law damages, McGregor on Damages is still the leading authority on damages and has been for 60 years. Provides comprehensive coverage of the law of damages, from detailed consideration of the general principles of damages to specific heads of damages and the operation of damages in many specific areas of law. Clarifies complex areas including loss of a chance, mitigation, causation, and exemplary damages Explains difficult and rapidly developing heads of damages such as licence fee damages, vindicatory damages Includes consideration of the operation of money awards in equity including equitable damages, equitable compensation and disgorgement of a defendant's profits Examines specific issues as periodical payments, breaches of undertakings as to damages, damages, and interest on damages Goes through the statement of case, the trial and appeals Considers damages in relation to particular contracts, torts and human rights such as below: Contracts Sale of Goods, Hire and Hire-purchase of Goods, Sale of Land, Contracts to Pay or to Lend Money, Contracts for Carriage, Contracts of Employment, and Contracts for Professional Services Torts Torts affecting Goods: Damages and Destruction, Misappropriation, Torts Affecting Land, Torts Causing Personal Injury, Torts Causing Death, Assault and False Imprisonment, Malicious Institution of Legal Proceedings, Defamation, Economic Torts, Misrepresentation, Infringement of Privacy, Confidence and Private information, and Misfeasance in Public Office Human Rights Comprehensive examination of damages under the Human Rights Act 1998 including the claims for which these damages are available, the circumstances when they will be available, and their quantum. The 22nd edition contains a number of significant new features: Each and every chapter of the book's chapters has been updated and many have been very substantially revised. An entirely new chapter on Equitable Damages, featuring the operation of damages awarded under s 50 of the Senior Courts Act 1981 (commonly described as Lord Cairns' Act damages) as well as the different types of equitable compensation and how they differ from "equitable debt". Coverage of significant recent case law developments in the law of damages Explanation of the various ranges of damages for false imprisonment, defamation, harassment and misuse of private information. Attention to recent legislative amendments and important decisions in jurisdictions other than England and Wales, particularly Northern Ireland, Scotland, Australia, Canada, and the United States. Discussion and explanation of significant developments in relation to damages for personal injury, professional negligence, breach of privacy and misuse of private information, defamation, consequential loss and indemnity clauses, economic loss, aggravated and exemplary damages, vindicatory damages and many more.

Giliker's Tort law textbook presents an accessible and current picture of the law of torts and is ideal for those approaching the subject for the first time. The text succinctly covers all the major concepts in the law of torts and clearly illustrates how they work in practice by reference to the major cases in this field and the main statutory provisions.

KEY FEATURES

• The law is succinctly explained, in many instances displaying its development
• Reference is made to developments in major Commonwealth countries to add depth to the discussion and analysis
• Relevant judicial dicta are quoted to support the statements of law
• Possible directions for the future development of Malaysian law are carefully considered
• Contains extensive reference to local and foreign case law
• Content is structured in detail for the easy appreciation of readers

• Provides valuable guidance on the practice at the Intellectual Property and Construction Courts
• Presents helpful overview of the types of cases commonly encountered in these courts
• Contains clear analysis of the applicable law and procedure
• Includes Practice Directions relevant to the practice in these courts
• Presents instructive slides on civil litigation trial and advocacy
• Available on ProView only: extracts of key statutory provisions for easy reference 

This is a professional guide on the practice and procedure at the specialist Intellectual Property and Construction Courts of Malaysia. Intellectual property and construction cases are often considered as technical and complex, requiring in-depth understanding by the parties, their lawyers as well as judges too. Experts are also frequently involved. The principal object of the book is to demystify the practice and procedure in these specialist courts. The content has been structured in a methodical manner that is easily accessible and comprehensible to the reader.

Starting off with an introduction of the history, jurisdiction and powers of the specialist Intellectual Property and Construction Courts, the book considers the causes of action and defences commonly encountered in both courts. It then delves in the writ action process from start to finish, including several typical interlocutory applications. Originating summons and appeals processes are also given careful treatment. Specifically for the Constructions Court, useful consideration is given to the arbitration and statutory adjudication-related processes.

Throughout the book, relevant Malaysian legislation and case authorities have been cited and discussed. Occasional references have been made to foreign cases to shed light on more difficult areas of practice. The book benefits from the professional expertise and experience of an author who brings with him years of legal practice and judicial experience.

This book is useful for lawyers, law academicians, patent and registered design agents, trademark agents, architects, engineers, surveyors as well as building and engineering contractors.

KEY TOPICS:

• Examination of the general law, and their application in respect of the selected professions.
• Guidance on the possible development of local law for difficult issues without settled local authorities.
• Specific duties arising either at common law, equity or under legislation in relation to the selected professions.
• Standard of care, and the relevancy of qualification and experience.
• The conditions, and limits, of the tests developed in Caparo Industries v Dickman and Smith v Eric Bush.
• The importance of a retainer and the application of the SAAMCO principle.
• The law regarding confidentiality.
• The application of limitation in claims for latent defects in buildings.
• Remedies for breach of fiduciary obligations.
• Quantification of damages. 

This book seeks to examine the main principles of professional liability in Malaysia with emphasis on the liabilities in tort and equity, in addition to the obligations under contract and written law. While specific chapters are devoted to the law as is applicable to surveyors, construction professionals (exemplified by engineers, architects and quantity surveyors), accounting professionals, doctors and lawyers, the law is examined against the backdrop of the general law applicable to professionals generally.

The book provides the answers to some key questions - in what circumstances would a professional owe a duty to a client or to a third party, what is the standard of care the law demands that a professional should adhere to, and what would be the extent of the liability of a professional where a breach of duty is proved. In addition to the principles of assessment of damages in tort, emphasis is also given to the rules governing equitable compensation.

The authors have helpfully provided a wide range of pointers to relevant developments of the law in Commonwealth jurisdictions for better analysis and to show the way forward for Malaysian law where issues have yet to be decided in Malaysia.

“I am confident that [Norchaya Talib on Torts in Malaysia] will become one of the main texts on the law of torts in Malaysia and just like the earlier editions of the late Professor Norchaya Talib’s books, this edition will also benefit many readers in this country.”

Dato’ Associate Professor Dr Johan Shamsuddin bin Dato’ Haji Sabaruddin
Dean, Faculty of Law University of Malaya

The law of torts is an important branch of private law which protects individuals against civil wrongs. This book which draws on the pedigree of the established Law of Torts in Malaysia by the late Professor Dr Norchaya Talib, covers not only the traditional torts such as negligence, nuisance, trespass, strict liability and defamation, but also explores the current aspects of the law of torts law in Malaysia.

There have been significant developments in Malaysian tort law in the past decade. The chapters have been updated and revised by a team of expert contributors to capture those developments in this new book. Maintaining the structure as per Professor Norchaya's noted work, this book attends to new areas and developments in the law of torts through the introduction of the tort of harassment; expanded analysis on the defence of illegality, exclusion clauses and damages; focus on the new developments in the law of defamation, altering the landscape of free speech; and consideration of the extension of vicarious liability. Two additional chapters are included to elaborate on underdeveloped areas such as the economic torts and privacy.

The concise discussions of the principles of the law as well as comprehensive analyses of relevant judicial decisions and legislative provisions will very much assist not only students learning the law of torts but also professionals researching on this subject. This book shall be the current lead reference on the law of torts in Malaysia.

KEY FEATURES

• Provides concise and clear statement of the principles of tort law as well as comprehensive analyses of case law and statutory provisions
• Explains key concepts in easy terms
• Contains additional discussion on the significant development of the law and recent key cases
• Explores the new tort of harassment
• Analyses court intervention in cases of police misconduct
• Discusses the current developments in the law of defamation
• Two new chapters - Economic and Other Torts (includes discussion of unlawful interference, conspiracy, and extended passing off) and Privacy

 

Clerk & Lindsell on Torts, one of our flagship titles and part of the Common Law Library series, is an essential reference tool which is widely referred to by practitioners and cited by the judiciary. It offers the most comprehensive coverage of the subject, providing the end user with indispensable access to current, frequent and unrivalled authoritative information on all aspects of tort law. Key Features: Provides unrivalled breadth and depth of coverage on all areas of tort law Sets out the general principles of liability and causation Explains in detail general defences, such as claimant’s wrongdoing, consent and assumption of risk, exclusion of liability and miscellaneous defences Covers all areas of tort, from joint liability and vicarious liability to capacity and parties, from negligence to breach of statutory duty and professional liability, and from product liability and occupiers’ liability to employers’ liability and public service liability Deals with other important areas from malicious prosecution to wrongful interference with goods, from deceit to trespass to land, from liability for animals to nuisance and Rylands v Fletcher, and from malicious falsehood to the economic torts Discusses statutory IP rights and passing of Includes fully updated and detailed chapters on defamation, breach of confidence and misuse of private information Deals extensively with damages and other remedies including injunctions Covers limitation periods in detail Considers all heads of liability with regard to the relevant human rights issues Takes full account of the effects of Brexit The First Supplement to the Twenty-Fourth Edition brings the Main Work fully up to date with the latest developments (including, where appropriate, the fallout from the completion of the Brexit process). These include, among others: In the Supreme Court: Armstead v Royal & Sun Alliance Insurance Co Ltd Paul v Royal Wolverhampton NHS Trust McCulloch v Forth Valley Health Board Jalla v Shell International Trading & Shipping Co HXA v Surrey CC Wolverhampton City Council v London Gypsies and Travellers In other courts: Holmes v Poeton Holdings Ltd Bratt v Jones Keskinäinen Vakuutusyhtiö Fennia v Koninklijke Philips NV (C-264/21) Benyatov v Credit Suisse Securities (Europe) Ltd FXJ v Home Secretary Other material: The new s.A7 of the Higher Education and Research Act 2017 on breach of statutory duty