Law of Torts in Malaysia by Ashgar Ali | 2024

Law of Torts in Malaysia by Ashgar Ali | 2024

Law of Torts in Malaysia is a comprehensive and authoritative guide to navigating the complexities of tort law. Covering 36 well-structured chapters, it thoroughly explores key topics typically included in undergraduate and postgraduate law syllabuses. Written by renowned experts, the book seamlessly integrates foundational principles with detailed analysis of modern issues, establishing itself as a leading resource in its field.

What makes this book exceptional is its extensive coverage, tracing the roots and development of tort law in common law and the Malaysian context. It examines fundamental concepts such as negligence and its defenses, professional negligence in medical and legal contexts, trespass to person, land, and goods, defamation, occupiers’ liability, and product liability. Emerging issues like sexual harassment, the right to privacy, and misfeasance in public office are also discussed in depth.

The book further explores judicial remedies, including damages and injunctive relief, strict and vicarious liability, and the limitation periods for claims. Unique chapters on torts in public international law, private international law, and Islamic perspectives on torts offer valuable insights rarely found in similar works.

Whether you are a law student seeking a solid foundation or a legal professional looking for advanced understanding, Law of Torts in Malaysia provides the clarity, scholarly analysis, and practical insights needed to confidently navigate the evolving field of tort law.

Table of Contents Of Law of Torts in Malaysia by Ashgar Ali | 2024:

Contents
•    Preface
•    Foreword
•    Contributors
•    Table of Cases
•    Table of Legislation

Chapters
1. Law of Torts: An Overview
•    Introduction
•    Development of Law of Tort
- Nature, Scope, and Definition
- Functions of Law of Torts
- Distinction Between Law of Torts and Other Branches of Law
•    Historical Background of the Malaysian Legal System
- Before European Occupation
- Portuguese, Dutch, and British Influence
•    Application of English Law in Malaysia
- Commercial Matters
- Land Matters
- Conclusion  

2. Limitation of Actions in Tort Cases
•    Introduction
•    Rationale for Limitation Period
•    Limitation Under Various Statutes
- Latent Defects
- Public Authorities Protection Act 1948 Fatal Accident Claims
•    Exceptions and Extensions
•    Conclusion  

3. Joint and Several Tortfeasors
•    Introduction
•    Independent Tortfeasors vs. Joint Tortfeasors
- Agency
- Vicarious Liability
- Conspiracy and Accessory Liability
•    Joint and Several Liability
•    Conclusion  

4. Trespass to Person
•    Assault and Battery
•    Defences: Consent, Necessity, Self-Defence
•    False Imprisonment
- Freedom of Movement
- Arrest and Imprisonment
•    Damages
•    Conclusion  

5. Interference with Goods
•    Trespass to Goods
•    Conversion
•    Detinue
•    Remedies
•    Conclusion  

6. Trespass to Land
•    Elements of Trespass to Land
- Interference Above and Below the Land
•    Trespass Ab Initio
•    Defences: Statutory Authority, Easements, Acquiescence
•    Conclusion  

7. Defences to Intentional Torts
•    Self-Defence, Defence of Property, and Necessity
•    Mistake, Consent, and Discipline
•    Lawful Arrest and Ex Turpi Causa
•    Conclusion  

8. Negligence: Duty of Care
•    Concept and Standard of Duty of Care
•    Key Principles: Neighbor and Anns Tests
•    Public Policy Considerations
•    Conclusion  

9. Negligence: Breach of Duty of Care
•    Reasonable Man Test
•    Professional Standards
•    Factors Influencing Breach Assessment
•    Conclusion  

About The Author(s):

Ashgar Ali Ali Mohamed (Dato’ Sri Dr) is a Professor at the Ahmad Ibrahim Kulliyyah of Laws, International Islamic University Malaysia (IIUM). He holds a Bachelor of Laws (LLB (Hons)) and a Master of Comparative Laws (MCL) from IIUM, a Master of Laws (LLM (Hons)) from the University of Auckland, New Zealand, and a Doctor of Philosophy (PhD) from the Graduate School of Management, Universiti Putra Malaysia. Admitted as an advocate and solicitor to the Malaysian Bar in 1992, his expertise spans Employment Law, Civil Litigation, and Alternative Dispute Resolution. He has authored several books and numerous articles in local and international journals, as well as presented papers on these topics at various conferences globally and locally.  

Muhamad Hassan Ahmad (Dr) is an Assistant Professor in the Civil Law Department at the Ahmad Ibrahim Kulliyyah of Laws, IIUM. He has served as External Examiner for the Master of Laws (LLM) in International Business and Trade Law at Taylor’s University (2018–2022) and as an Adjunct Lecturer for the LLM in International Law program at Universiti Islam Sultan Sharif Ali (UNISSA), Brunei. A former Visiting Fellow at the Australian National University's College of Asia & the Pacific, he holds an LLB (Hons), MCL, and PhD from IIUM. His research focuses on Public and Private International Law, Alternative Dispute Resolution, Comparative Law, Jurisprudence, and Online Legal Education. As Editor-in-Chief of the *Journal of Islamic Law Review*, indexed in the IFLP of the University of California, Berkeley, he has authored research books, textbooks, and articles, and presented papers at numerous conferences and public forums.

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