1 Answer

Law of Tort 

The gist of tort law is that a person has certain interests which are protected by law. These interests can be protected by a court awarding a sum of money (known as damages), for infringement of a protected interest and alternatively, by the issuing of an injunction, which is a court order, to the defendant to refrain from doing something. Tort is a remarkably wide-ranging subject and it is difficult to lay down the general principles for this area of law.
Unlike contract law where there is a Contracts Act 1950; there is no equivalent Act of Parliament governing Law of Tort generally in Malaysia. Therefore, the principles of Law of Tort are derived from locally decided cases and common law of England (and other parts of Commonwealth).
1.1.1 Basic tort concepts
What is tortious liability? The answer to this question was provided by Winfield and Jolowicz on Tort 18th Edition as follow: "Tortious liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages."
The basic principle of tort consists of an act or omission by the defendant which causes damage to the claimant. The damage must be caused by the fault of the defendant and must be akind of harm recognised as attracting legal liability. This can be illustrated by the occurrence most frequently happening leading to liability in tort, a motor accident.
A drives his car carelessly and cross over the pavement and hits B, a pedestrian, causing B personal injuries. The act is A driving the vehicle. This act has caused damage to B. The damage was as a result of A's carelessness, i.e. his fault. The injury suffered by B, personal injury, is recognised by law as attracting liability. A will be liable to B in the tort of negligence and B will be able to recover damages.

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