Kembara’s Legal Infos – What are the sources of tort law in Malaysia?
The sources of tort law in Malaysia are English common law, local statutes and local judicial decisions.
Kembara’s Legal Infos- What are the differences between tort law and law of unjust enrichment?
The purpose of the remedy is to restore the plaintiff / victim of torts to the position he was before the commission of the tort (restitutio in integrum)
Need to have an unlawful act or omission
Formerly known as law of restitution
The remedy includes the recovery of advance payment made under contract for action which is not performed subsequently, the recovery of money paid by mistake, the recovery of goods, land, services or other benefits.
No need to proof a wrong being committed by the defendant
Kembara’s Legal Infos – What are the differences between tort law and equity?
Tort law is based on the common law
The tort law has a wide application to parties.
Equity is created out of the jurisdiction of the court of equity
Equity is limited primarily to the fiduciaries and trustees.
Equity depends on the special fiduciaries’ relationship / obligation.
Kembara’s Legal Infos – What are the differences between tort law and contract law?
Obligation are determined by the law
Obligation of the tort feasor towards the victim of tort
The purpose of the remedy is to restore the plaintiff / victim of torts to the position he was before the commission of the tort ( restitutio in integrum)
Obligation arises from the agreement and consent of the contractual parties
The purpose of the remedy is to award damages to the plaintiff with the aim to compensate the plaintiff for what he would obtained if the contract has been performed.
Kembara’s Legal Infos – What are the differences between tort law and criminal law?
It is a civil wrong against any parties
Legal proceeding being brought by the tort victim.
The tort victim is known as plaintiff.
The tortfeasor is known as defendant
Defendant being sued may be liable or not liable
The purpose of remedy to restore the tort victim to his original position.
The types of remedy are damages or injunctive relief
It is an offence against the state
Legal action / prosecution is brought by the prosecution.
Victim of criminal act can only complain to the police
The accused is being prosecuted by the states
The accused may be found guilty or not guilty
The purpose of the remedy to control human behavior. The remedy is known as punishment
The types of punishment are imprisonment or fines.
Kembara’s Legal Infos – what are the types of civil law?
The types of civil law are contract law, company law, commercial law, employment law, tort law, land law, constitutional law, administrative law and others excluding criminal law.
Kembara's Legal Infos - What types of wrong being covered by tort law ?
Not all wrong is being covered by tort law.
Tort law does not cover any morally wrong act or omission.
Tort law does cover legally wrong act or omission
However to be more specific, tort law which is part of civil law does cover civil legal wrong.
Kembara's Legal Info - What are the components of Tort Law?
Tort law consists of wrong / unauthorised act or omission.
These wrongful / unauthorised act or omission will encroach other people's rights or interests.
An example of wrongful / unauthorised act include trespass to person while omission may include being negligence.
These people / parties may claim for remedy hoping that they would be restored to their previous positions.
Kembara's Legal Infos
Infos about legal issues and legal concepts that are available online .