Professional Documents
Culture Documents
Ridha Own Oral Bank 2011
Ridha Own Oral Bank 2011
MDP - (MDP/A 3)
•What would you do (your plans) after this, assume that you pass.
•Work in AbRAZ, assist principle and see threshold for opportunity to
upgrade the company. Would like to get involve more in PAM, MGBC and
GSB or even architect center.
•Tell us honestly what do you think about the format of the exam.
PAM format currently is good as it forces the candidate to be aware of the
obligation, duties and responsibilities for architect to practice.
•What are the criteria that you would look into when you
award to a high tenderer?
If the tenderer justifies why his tender is high for unforseen circumstances. The
system provided is faster than normal construction and has benefit for the client,
and the tenderer possess skills and track record surpasses all other tenderer.
•What are the criteria you would consider for pre qualification
of tender?
•Satisfy tender pre q requirements ie
•1. Have good work track record
•2. No criminal records
•3. Possess sufficient resources and competent person.
•4. Good financial back up from banks.
•5.ISO certification
1. As you are architect C, you will have no idea that there was an architect A. By looking
at the approve DO only you will find out that there was an Architect A. Therefore the
following actions to be taken:
2. Write to the first architect and confirm his appointment whether he was appointed for
only planning or comprehensive.
3. If for planning only, you may accept the commission.
4. If the client wants to use same design of the DO, advise client request 1st architect to
renew DO. Note changes to design more then 50- 70% requires new submission
subject to LA.
• Accept the commission as the need for letter of release is waive as the practice has
cease to exist.
•Why should you engage a QS? What are the duties of QS?
To prepare PDA for schematic design
To evaluate GDV and GDP to allow client make decision.
To update the above.
To assist arch in preparing of BQ and tender Doc.
To assist arch in tender invitation.
Prepare rates.
To evaluate and select contractor for financial requirement.
To assist arch providing info and for contractors award.
Finalize schedule of rates and prepare contract document.
To keep track of payment and inspect site of work done and material on site.
To assist architect for clause 30 certificate and payments.
To assist arch for clause 11 VO, PC and Provisional Sum.
Advise architect and recheck on clause 22 and 24 loss and any set off.
Prepare recommendation for interim, penultimate and FA.
•A single client with 50 acre site asked your opinion whether
he needs a project manager or not?
•It would be good to have a project manager as 50 acres of land shall be design
In phases and that PM can coordinate and overlook for clients interest.
•Architect has a lot of responsibility, appointing PM with vast knowledge of
QESH is good to overlook all statutory requirement specifically EQA and OSHA.
•PM will be handy to coordinate when other consultant engage by client not
performing.
•Cross checking of payment on behalf of client.
•Application of VO as direct access to client.
•Would you let a project manager influence your design and possible change it?
Yes engage during schematic as involve in design preparation and rep of client.
Yes, as there is provision of specialist consultant and our design service can assist 1st
architect in providing the requirement and guideline to upgrade the design. Usually the
case the first architect not familiar in providing communication service to bring his design
to be approve by client. Provide service for 3d modeling etc.
SOLE
PARTNERSHIP BODY CORPORATE MULTI DISCIPLINE
PROPRIETOR
PARTNERSHIP
NONE
REGULATION ACT COMPANY ACT COMPANY ACT
BY INDIVDUAL FIX
VARIATION TO FIX PERCENTAGE
TAX PARTNERS PERCENTAGE
INCOME 22
•How can a foreign architect join a local architect in
Malaysia? What are advantage and disadvantages?
10A Arch Act
Joint venture project between government where project finance by his goverment
Work must be more then 180 days.
Registration only for 1 year and to be renewed. Process fee 50. Registration fee 1000.
•What do you think of scale of professional fee? Architecture is like a business, they
should know how much to charge their clients and make a living, why then
do we need a minimum fee scale? Do you think it should be abolished? Since
nobody follows it, why do you think it should be retained?
• be a written statement formulating strategic policies for the purpose of determining the general directions and trends of the physical
development of the nation;
formulating the policy and general proposals of the State Authority in respect of the development and use of land
in that State, including measures for the improvement of the physical living environment, the improvement of communications, the
management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for facilitating
sustainable development;
stating the relationship of those proposals to general proposals for the development and use of land in the neighbouring areas that may be
expected to affect that area
matters as may be prescribed or as the Council or Committee may in any particular case specify.
8(3) The draft structure plan for the State shall be a written statement—
(a) formulating the policy and general proposals of the State Authority in respect of the development and use of land
in that State, including measures for the improvement of the physical living environment, the improvement of communications,
the management of traffic, the improvement of socio-economic well-being and the promotion of economic growth, and for
facilitating sustainable development;
(b) stating the relationship of those proposals to general proposals for the development and use of land in the neighbouring
areas that may be expected to affect that area; and
(c) containing such other matters as may be prescribed or as the Council or Committee may in any particular case specify.
Involve erection of
sec 21 (3)
building add req.
Renew planning
•Planning permission
Appeal permission in 1 “planning permission” means permission granted, with
sec 23 year
sec 24 or without condition, to carry out development;
BOMBA All new building to be submitted to Bomba
SDBA SEC 70
before submission to local authority to satisfy
SUBMISSION Bomba requirment
Identify Bomba Requirement as per AbRAZ UBBL PART 7 (PASSIVE) and Part
bomba submission checklist 9 ( ACTIVE)- ref AbRAZ fire
requirement checklist
Fire safety design philosophy (FSDP) Prepare Bomba Building Plan submission
For high risk building
Performance base code (PBC) Discuss with bomba for other requirements
For special design custom made building
where provision not covered under UBBL
Amend drawing as discuss
Structure Drawing and report with form A from civil engineer SDBA SEC 70 (9A)
SDBA 70 (20-27)
Obtain Building Plan approval
PSP
CCC complete
• What are the difference between qualified title and final title ?
1. The register is everything and ownership by having ones name on the title.
•Expressed conditions
•Express condition that have been stipulated by SA for the 3 categories.
•Agriculture-type of crops to be cultivated, max plinth area
•Building-Type of building – residential, commercial, or specific – office, petrol
station, shops, plinth, plot ratio.
•Industrial- plinth and plot ratio, Design material, etc
•Restriction in interest
•Example : tanah ini tidak bole dipindah milik, dipajak atau dicagar melainkan
dengan kebenaran pihak……..
•Categories of land use?
•Agriculture, industrial, building
•Conversion FORM 7C, SEC 124 conversion and subdivision FORM 7D.
•Owner of alienated land may apply to state authority to change the use of the existing
category.
Duty of care High level of duty Duty of care following Leas es are s ubject to a higher
of care defined in com m on law and as level of control.
land legis lation. required by s om e
May be Environm ent Protection
res pons ible for Acts or its equivalent.
developing and
m aintaining
im provem ents .
May be required
to engage in
property
planning.
Transferability, Leas e trans fers Few lim itations on trans fer. Leas es are s ubject to a higher
aggregation and require State or level of control.
subdivision its equivalent's Unlim ited right to s ubdivide
approval. and aggregate s ubject to
town planning controls .
Powers to
Retrieval / acquire Som e powers to acquire Leas es are s ubject to a higher
resumption leas ehold land for public works . level of control.
interes t or
withhold land
Security of tenure Varies according Very high level of s ecurity. In general, leas es are les s
to leas e type but s ecure than freehold.
forfeiture for non- Perpetual leas es approach the
perform ance m ay level of s ecurity of free hold
be pos s ible.
•What is strata title?
•Strata title is a form of ownership devised for multi-level of multi-storey buildings or blocks or multi-layer of land parcels erected on a piece of alienated land.
The 'strata' part of the term refers to subdivided units being on different levels, or "strata".
Strata title was first introduced in 1966 by the Malaysian National Land Code 1965, to better cope with the legal ownership of multi-storey buildings. Previously, it
was known as subsidiary titles by reference to the buildings erected on alienated land. By 2007 strata titles legislative amendment, the strata titles concept was
extended to be applied for land parcels created on alienated land.
Strata Title Schemes are composed of individual parcels and common property together with a self-governance of strata corporation system known as
Management Corporation. Parcels are either apartments, condominiums, town houses, commercial complexes, Gated Community Units, or others and each is
shown on the title as being owned by a Parcel Owner. Common Property is defined as everything else on a piece of alienated land that is not comprised in a
parcel, such as common stairwells, driveways, roofs, gardens and so on.
•Type of Titles
–Strata Titles ( For parcels)
–Provisional Titles ( For Provisional Blocks)
–Accessory Titles ( For Accessory Parcels)
Parcel
Parcels, in relation to a subdivided building, means one of the individual units comprised therein, which (except in the case of an
accessory parcel) is held under separate strata title and in relation to a subdivided land, means one of the individual units of land
parcel;
-Separate titles are issued to individual parcels
- title are subsidiary titles registered in the name of the owner of the parcel
- Each parcels has a share value- called share units
- Total share units of a development / block constitute a fixed quantum
•Accessory Parcel
“accessory parcel” means any parcel shown in a strata plan as an accessory parcel which is used or intended to be used in
conjunction with a parcel;
-Utility areas- car park, store etc, tied to tha main parcel
- issued with separate strata title but CANNOT be disposed off independently
- have no share value
•Land parcel
-“land parcel” means a unit which is comprised therein a subdivided land on which there is a completed building of not more than
four storeys which is held under a strata title;
•Common property
-“common property” means so much of the lot as is not comprised in any parcel (including any accessory parcel), or any
provisional block as shown in an approved strata plan;
•Provisional Block
-To enable a large/ complex schemes to be developed in phases
- on completion of phase 1, can apply for strata titles for phase 1 and provisional titles for the remaining buildings
-Each provisional block is allocated provisional share units, to be allocated among individual parcel upon completion of the
provisional block.
•Provisional Strata Titles cannot be disposed off independently : awaits total completion and apply under sec 20.
•Provisional Title
•individual block with separate strata title and share value @ units located at provisional block
•Management Cooperation
•Collectively the owners of the parcels in the strata scheme. This is formed automatically when the strata titles is
registered by opening of a Book of Strata Register.
-Comes into existence automatically upon registration of the subsidiary titles
-Common facilities, eg garden, pools are vested in MC
-Comprehensive provision to ensure smooth running of MC
PART IV
PART IX
PROVISIONAL BLOCK: ISSUE
OF STRATA TITLES UPON PROVISIONS FOR LOW-COST
COMPLETION OF BUILDING BUILDINGS
Sec 20-23
PART IXA
PART V STRATA TITLES BOARD
SUBDIVIDED BUILDINGS:
DIVISION AND Sex 67 A-X
AMALGAMATION
OF PARCELS
Sec 24-33A PART X
MISCELLANEOUS
What are architects duties under the Strata Title Act?
Regulation under Strata title act (Akta 318) :
Advise developer to :
What? Seksyen 6 - Bangunan bertingkat dan tanah boleh di pecah bahagi kepada petak.
•Who? Seksyen 7 – Permohonan pecah bahagi bpleh dibuat oleh pemilik bangunan/tanah.
•When? Seksyen 8 – Kewajipan pemilik membuat permohonan pecah bahagi pada :
Sec 8 (2)- perjanjian jual beli sebelum bangunan siap - 6 bulan dari perjanjian pertama ditandatangani
Sec 8 (2)- Perjanjian jual beli selepas siap bangunan - 6 bulan dari perjanjian pertama ditandatangani
Sec 8 (4)- perjanjian jual beli sebelum pembinaan- 6 bulan dari bangunan mula dibina
Sec 8 (4)- perjanjian jual beli selepas mula pembinaan - 6 bulan dari perjanjian pertama ditandatangani
PHASED
SUBDIVISION/
NEW BUILDING PROVISONAL LOW COST
AMALGAMATION
TITLE
SUBMISSION
PROCESS
APPROVE - OPEN
BOOK OF
REGISTRY TITLE
FORM 5
DISSOLVE JMB – SEC 20
BECOME MC
SEC 39
S.10 (Act 318) Process / Subdivision of parcel and land
APPLICATION
FORM 1 : FOR BUILDING 10(1 to 6) :
(cth:
cth: Kondo) • Fee - RM 300 or RM 10 per parcel /provisional parcel which greater
• BP endorse by Ar. or Ir.
FORM 1A : FOR LAND • Plan Strata (Pelan Lokasi,Pelan tingkat & Pelan Tandaan.
(cth:
cth: Gated House) •3 set ertified plan of land certified by Director of survey (if qualified
title
Refer application to
S.10(9) • check locations
DIRECTOR OF • advise plan in order
SURVEY •Notify fees to be collected for each survey
•Fee plan cause to b e prepared in event of approval of the application.
No land can be included in the application for issuance of provisional starta title.
·
Application requires:
Additional requirment
- BP approval state of phase development
- Location plan
- Proposed strata plan
- Storey plab in triplicate in respect o each provisional block show external boundaries, and dimension.
- Proposed starat plan show quantum of provisional shares for each provisional block.
Other rules
1. For large development, to provide developers commitment letter to construct phase development within 5 years.
2. Provisional title can be obtain for more then 1 block
3. Only one provisional title for each provisional block.
4. Provisional title cannot be sold, dispose, lien or sold to any individual or company.
5. Plan for provisional block can be change but cannot involve changes to no of parces, total gross floor area of parcel and total amount of shares in building
6. Any amendment to obtain approval from PBT.
After building is completed apply for issue of strata title in Part IV sec 20
Application for Low cost house strata title? SEC 10B
·
section 10B part II
10B Application for subdivision in the case of low-cost building
(1) The State Authority may, on an application by a proprietor of any alienated land or at any time on its
own motion, having regard to the location, nature of construction and the cost of the building, classify it
to be low-cost building.
(2) Without prejudice to subsection (1), the State Authority may by rules made under section 81, classify
any type of building to be a low-cost building.
(3) Upon classifying any building to be a low-cost building under subsection (1) or (2), the State
Authority shall issue a certificate to the proprietor of the alienated land.
(4) Upon receipt of the certificate issued by the State Authority, the proprietor of the alienated land shall
apply for the subdivision of the building under section 10.
(5) No building erected in a provisional block shall be classified under subsection (1) or (2) to be a low-
cost building.
(6) The State Authority may, upon an application by the management corporation or on its own motion,
appoint a managing agent to exercise the powers and discharge the duties and functions of a
management corporation, and any expenses incurred by the managing agent may be charged on the
management fund of the management corporation.
• Developers obligation in relation to strata title act.
Starata tak apply : PENALTY 20k 3 PENALTY 10k 1k/
PENALTY 10k 100/day month imprison day
VP Mesyuarat Mesyuarat MC
JMB # 1 #1
• - Tempoh 12 bulan
• - Bertggjwb. Senggara & uruskanbgn & • -dilaksana oleh JMC (pemaju + max 12
harta bersama slps VP. pembeli)
• - buka & senggara Akaun Penyelenggaraan •-bertggjwb.senggara & uruskan bgn & harta
Bagunan APB & sinking fund sblm VP. bersama
•- adakan mesyuarat pertama dgn pembeli
utk tubuhkan JMB.
•UBBL
•Are architects competent to issue CCC?
•Yes they are. They are the qualified person in accordance to UBBL section 25A
• Under CCC, will there be a conflict of interest for the professionals who
submit the building plans, supervise the construction and also be the
same person who issue CCC, especially these professionals are engaged
by their client and also act as an agent of the client?
Not a problem- Under SDBA 70 27- there are stipulated rules that have to be
complied. Penalty 250k and not exceeding 10 yrs imprisonment.
•What are the stages of work that the submitting person need to notify the authority? How?
•Submission of BP Form A (sec 3 and 16)
•Notice of commencement – form B (sec 22)
Circular 1/2008
•FORM G1-G3. – Earth work, setting out and Foundation
•F upon completion with other G forms and also attach together CIDB registration, Company form 49 and
letter commitment for stages to complete from consultant and technical agencies.
•What are the penalties for misconduct regarding issuance of CCC?
1. street drainage act section 70 (27) – penalties for misconduct is 250 k and
imprisonment not exceeding 10 years
2. Architects Act –
Written reprimand
•50k penalty
•Suspended
•Deregistered
•Any combination of above.
• What are the architect’s duties during commencement of work before certifying stage payment for housing
project?
Inspections must be carried out before certification.
The Professional Architect shall request the Engineer for the project to confirm in writing his concurrence with the
satisfactory completion of Stages 2(a), 2(b), 2(d) where applicable, 2(f), 2(g) and 2(h) before he certifies.
For stage 2(b), it is prudent for the Professional Architect to wait until the side formworks are removed to visually ensure
that there are no major honeycomb/defects on the structure before certification.
For stage 2(c), the Professional Architect shall ensure that the openings are properly formed to receive the metal frames
and completed with lintols (where applicable) before this is certified.
For stage 2(f), there may be instances where there is no sewerage treatment plant and the sewerage works from the
scheme is connected to an existing public main as approved by the relevant authority.
• What are the work to be completed for architect’s certification of stage (3)?
2a Foundation
2b Structure
2c Walls
2d Roof and electrical wiring,water plumbing, gas piping, telekom trunking
2e Finishes
2f Sewage
2g Drainage
2h Road
3 Others
•What are the major difference between Schedule G & H?
Jadual G Jadual H
1 Use for lot and building (House terrace /bungalow /semi-d) To subdivide part of building (sub divide bldg) example : flats/ condominium
5 Infrastruktur & penyelenggaraan (klausa 16) :pembeli kena Pembeli kena bayar servis maintanance sebaik shj perolehi pemilikan kosong.
bayar dari masa ke semasa sehingga diambil alih oleh PBT.
(klausa 18)
Schedule H
Small – Purchaser entitle to claim for reduction of purchase price base on
cost/square meter
Large – Vendor not entitle to claim if bigger then building plan.
Klausa 26(2) – Penyerahan milikan kosong disokong oleh Arkitek Penjual bahawa suatu perakuan siap dan pematuhan yang memperakui bahawa bangunan itu siap pembinaan
mengikut pelan-pelan yang diluluskan dan layak diduduki.
· Key clauses which confer the Architect with the power to act and the Architect’s role and obligation.
The S & P Agreement under Clauses 4(2) states that a request for stage payment from the developer shall be supported by a certificate signed by the Vendor’s Architect. It
further states that every much certificate so signed shall be proof of the facts the works referred to have been completed.
The responsibility on the Architect is therefore heavy, as his certificate is conclusive proof that the stage of work has been completed and the developer is entitled to collect his
stage payment.
Thus the Architect has to satisfy himself that the works have been completed before issuing the certificate for stage payment. He must not, under any circumstance, issue these
certificates prematurely.
Besides having to certify for stage completion, Clause 21(1) of the S & P Agreement which specifies the Manner of Delivery of Vacant Possession also empowers the Architect to
act.
This clause places responsibility on the Architect for the issuance of the certificate certifying completion of the said building.
Great responsibility is placed on the Architect to discharge his professional duty by exercising fair judgment on whether the construction of the said building has been duly
completed.
The clause also requires the Certificate of Fitness to be applied for which is done by the Architect as agent of the vendor. The Architect must note here that the application for the
CF may involve the works undertaken by the other consultants and other contractors and proper coordination is necessary.
The Architect should also not prematurely apply for the CF without properly checking that all parties have completed their scope of works and that all the conditions of approval
have been complied with.
·
Key clauses which indirectly affect / involve the Architect.
To regulate and control the monies transaction for housing development. And to
protect public from developer taking advantage of collected money.
•Q. How would you advise the client/ developer if they wish to withdraw all monies from HDA
account or to close HAD account?
•Developer can only w'draw all monies fr. HDA accont when:
•1. housing development has been completed,
•2. solicitor for developer certifying:
•- obligation of developer under SPA fulfill incl. Transfer of title,
•Houses completed w/ CFO,
•What is the process claiming to tribunal for home buyers
4 copies FORM 1 Statement of
claim to tribunal
FORM 5 Do not reply – award
Serve by tribunal to claimant
Form 10 Award
Apakah bentuk tuntutan yang boleh di failkan di Tribunal ?
Jawapan
Terdapat dua bentuk tuntutan yang boleh difailkan di Tribunal iaitu ;
i. Tuntutan Teknikal
ii. Tuntutan Bukan Teknikal
i. Tuntutan Teknikal
Tuntutan teknikal merangkumi kecacatan mutu kerja atau tidak mematuhi bahan atau spesifikasi
sebagaimana yang dinyatakan di dalam Perjanjian Jual Beli (S&P). Tuntutan ini di buktikan
antaranya secara Gambar, Quotation, Bil, Resit, Surat atau lain-lain dokumen yang boleh
menyokong tuntutan atau membawa saksi-saksi yang berkenaan (jika berkaitan) dan tuntutan ini
perlu dinilai dalam Ringgit Malaysia.
Tuntutan bukan teknikal merupakan tuntutan selain dari perkara diatas sebagai contoh gantirugi
bagi kelewatan pe-nyerahan milikan kosong (Late Delivery of Vacant Possession) oleh pemaju.
•What is the process of adjudication
Notice for adjudication
1. Claimant submit grounds
CLAIMANT & complete detail of
ground
21 days
21 days
Payment to adjudicator
Decision or request extension
1. Adjudication cost bear by both party equally
2. Each party have to forward RM 10,000 to appointment body for 7 days
security cost.
3. Cost incur – RM 300 per hour Extension request from
adjudicator
• Meeting/ hearing/ order of direction: ½ day meeting (4 hrs) or full
day meeting (8hr)
Day extension to be agreed by
• Appointing body to charge 7.5% administrative charge written agreement from
• Exclude service tax disputing party
• Reimbursable to be charge at PAM rate
Further extension time request
Decision
If dispute 6 weeks
Refer to Arbitrator for
dissatisfaction of decision
NEGOTIATION MEDIATION ADJUDICATION ARBITRATION
•COMPARISON ADR
Communications Submission of disputes
between disputing Negotiation with the Negotiation with the by consensual
DEFINITION parties with or without assistance of a third assistance of a third agreement to a third
lawyers in order to party (the mediator) party (the adjudicator) party (the arbitrator)
reach a settlement for a binding decision
May extend over a May extend over a long period if
Shortest period, may be as short as Shortest period, may be as short as
long period if hearing
1-2 days 21 days
TIME misunderstanding protracted, may take
but depends on the but depends on the
occurs but generally months or even years
skills of the mediator skills of the adjudicator
controlled by parties to conclude
Higher than mediation
Lower than arbitration Lower than arbitration but generally lower
COST Lowest costs but generally higher but generally higher than litigation because
than negotiation than mediation of faster hearing and
less paperwork
Private but may become
CONFIDENTIALITIES Private Private Private public if there is Court
intervention
Less formal than litigation,
strict rules of evidence do
not apply but procedural
Formal, rigid, strict
Less formal then arbitration but
FORMALITIES Very Informal Very informal evidential and procedural
strict rule and procedure
rules are prescribed
rules may be statutory or
imposed by an arbitral
organization
A third party, the A third party, the arbitrator,
No third party mediator, controls content and
A third party, the
involved, parties facilitates the outcome of proceedings but
INVOLVEMENT OF 3rd adjudicator,
have full control of process but parties have control over
PARTIES facilitates the
content and outcome parties are in choice of arbitrator,
process and decission
of discussion control of content language, time, venue and
and outcome procedural rules
Wide ranging, with More restricted, must
assistance of be a legal remedy
Wide ranging, parties More restricted, must
mediator, parties capable of being
need not confine be a legal remedy
need not confine performed, subject to
REMEDIES themselves to strict legal capable of being
themselves to strict arbitrability,
remedies, creative performed, subject to
legal remedies, legislation and rules,
remedies possible adjudicators recommendation
creative remedies creative remedies not
possible possible
High because
High because parties’
DEGREE OF PARTIES parties work Low because award Low because award
work together to reach
SATISFACTION FOR together to reach imposed by adjudicator, imposed by arbitrator,
settlement, a win/win
OUTCOME settlement, a win/lose outcome win/lose outcome
outcome
win/win outcome
EFFECT ON Preserves Preserves May destroy
Preserves relationship
RELATIONSHIP relationship relationship relationship
General prohibition
Mediator’s usually
against ex-parte
Parties may communicate with one
Adjudicator conduct together with communications.
communicate with party without the
COMMUNICATION both party via meeting, hearing or Arbitrators who speak
each other freely and presence of the other
order of direction to one party without
directly during the process
the presence of the
(known as ‘caucus’)
other may be accused of bias
With assistance of
mediator, there is more
certainty of achieving
Low, possibility of not Certainty in getting an Certainty in getting an
CERTAINTY OF settlement than in
producing any award at the end of the award at the end of the
SETTLEMENT negotiation but less
resolution at all adjudication arbitration
than arbitration,
depends heavily on
skills of mediator
•What is tort?
•Tort law is a body of law that addresses and provides remedies for civil wrongdoings not arising out of
contractual obligations.[1] A person who suffers legal damage may be able to use tort law to receive
compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort
law defines what constitutes a legal injury and establishes the circumstances under which one person may be
held liable for another's injury. Tort law spans intentional and negligent acts.
•What is negligence
•Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to
another.
•Negligence (Lat. negligentia, from neglegere, to neglect, literally "not to pick up") is a legal concept in the
common law legal systems mostly applied in tort cases to achieve monetary compensation (damages) for
physical and mental injuries (not accidents).
•Negligence is a type of tort or delict (also known as a civil wrong). "Negligence" is not the same as
"carelessness", because someone might be exercising as much care as they are capable of, yet still fall below
the level of competence expected of them. It is the opposite of "diligence". It can be generally defined as
conduct that is culpable because it falls short of what a reasonable person would do to protect another
individual from foreseeable risks of harm.
•Defamation
•Defamation is tarnishing the reputation of someone; it is in two parts, slander and libel. Slander is spoken
defamation and libel is printed and broadcast defamation, both share the same features. Defaming someone
entails making a factual assertion for which evidence does not exist