Tort

1) Based on the article by Adrian Briggs entitled ‘What did Boys v Chaplin Decide?’ (The Anglo-
American Law Review, Volume 12, 1983, pg 237-247) determine what Briggs said is the ratio
of the case. Do you agree with his approach?

2) Ah Chong who is domiciled in Malaysia, works as a sailor on a cruise ship for a Sri Lankan
company. His job requires him to travel on the ship for cruises around Asia. The ship he
works on is maintained by the Sri Lankan company.

One day when the ship was docked in the Philippines, Ah Chong suffered serious injuries
when a part of the ship’s engine fell off and injured him when he was walking through the
engine room. It was later discovered that this happened because of poor maintenance of the
ship’s engine.

According to Malaysian law the Sri Lankan company can be sued by Ah Chong if they are
negligent in maintaining the ship. According to Philippines law there is nothing that stops Ah
Chong from suing the company but the damages that will be awarded should he win the
case is a much lower amount than Malaysian law. According to Sri Lankan law, they have a
statute that allows the company to be free of liability and from being sued.

Ah Chong sues the Sri Lankan company in a Malaysian court.

a) How do you think the court will decide on the case?

b) In what way would your answer be different if there was a clause in Ah Chong’s contract
which states that he is only allowed to claim compensation under the company’s
compensation scheme and he is barred from suing his employer should he sustain any
injuries?

3) Explain the manner in which the place of tort is determined.

4) Elaborate on the concept of the ‘Proper Law of the Tort’. In your opinion, should this
concept be embraced in Malaysia?