CONFIDENTIAL, LWIDEC 2013/LAW435/113 See) Ss UNIVERSITI TEKNOLOGI MARA FINAL EXAMINATION COURSE LAW OF TORTS | COURSE CODE > LAW435/113 EXAMINATION : DECEMBER 2013 TIME : 3HOURS 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 LWIDEC 2013/LAW435/113 PARTA QUESTION 1 Differentiate between a primary victim and a secondary victim based on decided cases. (6 marks) QUESTION 2 Trespass to land can be committed in several ways. With reference to decided cases, describe three types of trespass to land. (6 marks) QUESTION 3 With reference to one decided case, explain the ‘egg-shell skull’ rule in relation to the defendant's liability for injuries suffered by the plaintif. (6 marks) QUESTION 4 In R v Meade and Belt (1823)1 Lew CC 184 at page 185, the court said that “no words or singing are equivalent to an assault’ With reference to relevant cases, explain the accuracy of the above statement. (6 marks) QUESTION 5 ‘Two months ago, Rose was involved in an accident at work and was taken to the nearest hospital. The attending doctor examined her, gave her some painkillers and told her to rest at home. However, Rose’s condition became worse. It was discovered later that the doctor gave her the wrong medication. The doctor did not realise that the medication he gave Rose was not suitable for her as she was asthmatic. Rose now wants to take legal action against the doctor for negligence, claiming that he had breached his duty to her. Advise Rose on the standard of care of the doctor in this situation. (6 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL 3 LWIDEC 2013/LAW435/113, PARTB QUESTION 1 Following months of speculation, the legendary indie band — Blinking Idiot — finally embarked on a reunion tour in Malaysia. They were performing a warm-up gig at a small venue in Pekan when a spotlight fell onto the stage, causing a massive explosion and killing Mek Na, the lead singer of the band. It appeared that the lighting rig (onto which the spottight was fitted) had been negligently installed by Rock & Mouse Lighting. The sight was particularly gruesome. Achik, Mek Na's brother, was listening to the live radio broadcast of the gig in his hotel room in Jakarta, He heard the explosion and thought he heard Mek Na screaming. He rushed to the airport, managed to catch a flight and arrived at the hospital six hours after the accident. He saw Mek Na’s partially burnt body which had not yet been moved to the mortuary and was still covered in blood and grime from the explosion. As a result, he developed post- traumatic stress disorder. Leman, a trainee ambulance man, was one of the first on the scene. This was his first major incident. He rushed to the stage but quickly realised that there was little he could do. He ‘spent the next two hours comforting distraught fans. He later suffered from recurring nightmares and panic attacks. Advise Achik and Leman as to the cause of action they can take against Rock & Mouse Lighting. (20 marks) QUESTION 2 ‘Amir, an accountant, is asked by Jamil to value shares in Seri Enterprises Bhd to assess whether they are likely to prove to be a good investment. Amir and Jamil are old friends and Amir states that he will value the shares in his spare time for ‘the sake of their friendship’. However, he stresses that any statements which he makes as to the investment value of the shares would merely be his opinion and that Jamil should not rely on them. ‘Amir’s report states that the shares are certain to be a good investment. Jamil leaks the information to a reporter at the Money Star, a financial magazine, who then writes a short article on it. Amir also informs Malek, his cousin, over a drink at a café that shares in Seri Enterprises Bhd are bound to prove a sound investment. As a result, Jamil, Malek and Anis, a reader of the Money Star, purchase shares in Seri Enterprises Bhd. Unfortunately, six months later, they each lost a substantial sum of money when shares in the company drop in value. Based on relevant authorities, advise the parties on their rights and liabilities. (20 marks) (© Hak Cipta Universiti Teknologi MARA CONFIDENTIALCONFIDENTIAL 4 LWIDEC 2013/LAW435/113, PART C. QUESTION 1 Late one afternoon, Hasni was walking home after dinner with some friends when she saw a man walking towards her. When the man, Andy, was in front of her, he grabbed her handbag. Hasni managed to hold on to the shoulder strap and a tug-of-war ensued. Fortunately, Hasni happened to carry a pepper spray in her pocket. Hasni took out the pepper spray and sprayed at Andy's face. The liquid got into Andy's eyes and he screamed in pain, Andy let go of the handbag to cover his eyes. He then ran away and got into a waiting car, which sped away. ‘A passerby who saw the incident called the police, who arrived not long after. The police questioned Hasni and took her handbag as evidence. ‘A few weeks later, Hasni went to the police station to get back her handbag. However, when she got there, she was told by the police officer in charge that the handbag was missing and could not be traced. Hasni was upset since she had a substantial amount of money in the bag. A diamond bracelet which was in the bag was also missing, Hasni is worried because the bracelet belonged to her mother and she promised to retum ‘the bracelet to her mother that day. Hasni wishes to take legal action against the police. Hasni has been informed by the police that Andy has filed a complaint against her. It appeared that after being sprayed, Andy's right eye became infected, causing his vision to be impaired. He plans to take action against Hasni and claim damages. With reference to relevant authorities, answer the following questions: a) Advise Hasni on her rights and liabilities to the parties above. (25 marks) b) Should Hasni be found liable to Andy for his injuries, what defence(s), if any, can she se to escape or reduce liability. ( marks) END OF QUESTION PAPER (© Hak Cipta Universiti Teknologi MARA CONFIDENTIAL