Jan 2013

CONFIDENTIAL LW/JAN 2013/LAW435/113
UNIVERSITI TEKNOLOGI MARA

FINAL EXAMINATION
COURSE LAW OF TORTS I

COURSE CODE LAW435/113
EXAMINATION JANUARY 2013
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
© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL
CONFIDENTIAL 2 LW/JAN 2013/LAW435/113
PART A
QUESTION 1
In his judgment in Caparo Industries v Dickman [1990] 2 AC 605, Lord Oliver formulated a
test to establish the necessary relationship between the maker of a statement and the
recipient in order to determine liability of the maker for negligent misstatement. Explain the
test.
(6 marks)
QUESTION 2
Explain what is meant by 'specific and general defences'. Give one example of a specific
and a general defence.
(6 marks)
QUESTION 3
In July 2011, Wilma went to Australia to visit her sister who lives there. She asked her friend,
Barney, to look after her car. Barney agreed to keep the car in his garage. A year after
Wilma left, Barney bought a car. He tried to contact Wilma to ask her to remove her car from
his garage since he needed the space for his new car. However, even after several
attempts, he still could not contact Wilma. Barney then sold Wilma's car. Wilma has since
returned from Australia and demanded the return of her car.
Advise Wilma on her rights in the law of torts.

(6 marks)
QUESTION 4
In September, Zati borrowed a novel called To Kill a Mockingbird' from her cousin, Hasni.
However, she has since misplaced the book.
Advise Zati on her liabilities, if any, should she fail to return the book to Hasni.
(6 marks)
QUESTION 5
Razin lives in Kajang. Due to the hot weather, his neighbour, Sam, has decided to modify
and extend the roof at the side of his house. However, Sam's extension has encroached into
Razin's space. Razin has been told that he could take legal action against Sam. Razin now
seeks your advice on the remedies that are available to him, should he decide to proceed
with the legal action.
Advise Razin.
(6 marks)
PARTB
QUESTION 1
For the past 12 months, a local store, Bargain Buys, has been victims of a lot of thefts. The
store detective, Arman, has had his suspicions that a group of young people who come into
the store regularly are to blame. About a month ago, Arman saw Boi and Choi in the store.
He knew that they are members of the group. Arman asked them to go to the manager's
office, where they were told that they would no longer be allowed into the store.
Two weeks later, Boi and Choi went into the store where they met some friends. As they
stood chatting, Arman spotted them and, going up to them, grabbed each of them by the
arm, saying he would take them to the manager's office. Choi managed to free himself by
punching Arman but, as he ran through the store, he slipped and fell. Arman again grabbed
him and took both of them to the manager's office, where he locked the door, telling them
that they would have to stay there until the police arrived.
About three hours later, Boi and Choi were released as there was no evidence at all that
they had been involved in the thefts.
Advise what causes of action Bargain Buys, Arman, Boi and Choi may have in tort.
(20 marks)
QUESTION 2
Nona, a sixty-year old housewife, was knocked down while standing at the bus stop. The
driver of the car who caused the accident, Akeem, apologised and admitted that it was his
fault. After the accident, Nona went to the hospital, and because her neck was injured, she
was fitted with a special collar. The doctors warned her that she would not be able to move
her head for at least a month and must be careful.
Two days later, while Nona was walking down the stairs at the flats where she lived, she
slipped and fell as she could not see properly. Her short sightedness combined with the
restriction of her neck movement prevented her from seeing that the steps were covered in
soapy water. The caretaker of the flats, Dorin, who had been washing the steps, had been
called away by an officer from the Housing Department and had forgotten to put up a
warning sign regarding the slippery steps.
As a result, Nona broke a leg and injured her back.
Advise Nona as to her rights against Akeem and Dorin.

(20 marks)

PARTC
QUESTION 1
Ali and his son, Putra, were both injured when their car was involved in a collision with a bus.
The collision was caused by the bus driver's negligence. Putra's hip was badly jarred. Ali
suffered severe spinal injuries. Both were rushed to Sihat Hospital where Ali was left
unattended for many hours. The hospital staff x-rayed Putra's head but failed to examine his
hip. As a result, Putra was in much pain for several days before his hip was finally x-rayed
and a fracture was detected. Subsequently, Putra developed a weakness in his hip. The
medical evidence indicated that such a weakness would occur in 80% of patients injured in
this way, but that the delay in treatment for the fracture made it virtually certain that the
weakness would develop. As a result of the accident, Ali was paralysed from the waist down.
The medical evidence indicated that this would have occurred even if he had been treated
immediately for the injuries he had sustained. When Aria, Ali's wife, was told by a consultant
at Sihat Hospital of the permanent injuries to her husband and son, she suffered from severe
depression.
With reference to relevant authorities, advise Ali, Putra and Aria as to any potential claims
they may have.
(30 marks)
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CONFIDENTIAL LW/JAN 2013/LAW435/113

UNIVERSITI TEKNOLOGI MARA

COURSE LAW OF TORTS I

1. This question paper consists of three (3) parts : PART A (5 Questions)

i) the Question Paper

DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO

Advise Wilma on her rights in the law of torts.

As a result, Nona broke a leg and injured her back.

Advise Nona as to her rights against Akeem and Dorin.

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

END OF QUESTION PAPER

© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL

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