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Wednesday, January 16, 2008

Law of Tort

Law of tort is one most important part in law. The unique element of tort is, there is no specific statute or act or ordinance that explain what the tort is. Tort originated from latin word tortus which means "twisted" or "wrung" which refer to the word "wrong". (Norchaya Talib, Law of Tort in Malaysia). Two crucial issues in tort are trespass and negligence.

What I really want to talk here neither about the elements of trespass nor elements of negligence. The important thing is how aware we are about law of tort. People who study law, might know about the law of tort, but how about the people who doesn't learn law and worse, doesn't even care about law of tort.

Law of tort concerned about not taking law in your own hand. For example, when you are been provocated by someone, you have no right to punch, to hit and ect oh that person because the person has right not to be violated either on his body or his clothes. Once you hit or punch the person, for example, where your act is under your control, you got the intention, without that person consent and the contact occured, you are already committing battery - one type of trespass to person.

There are a lot of books discussing about the law of tort. Among the books I used in my study are book by Norchaya Talib and the big one - Winfield and Jolowich on Tort.

So please, from now one, each and everyone especially Malaysian (coz I'm Malaysian) should more aware about the law of tort and what action one person could take if he or she had been trespassed.

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3 comments:

good day. just stumbled upon this blog when searching for downloadable pdf ebook on "law of tort".
http://tortlawjournalofohio.com/ [ Tort Law Journal - The definitive blog for tort law in Ohio.]

thanks for the info dude!!

Dear Blogger,

Hello.

My name is Edward Skading, from Selangor, Malaysia. My parents once told me that to have a happy and long life, you must take great care about the food you consume. Always make sure it’s clean, because cleanliness is next to godliness and I stuck to these values. As a result, when it comes to food, I always make sure what I eat is reasonably clean and safe. I also believe that everyone has the right for healthy, clean and safe food.

Recently, I exposed a horrible discovery concerning one of F&N Dairies (M) Sdn Bhd products on my open debate weblog. It all started when my family and I was shocked to discover an abnormal brownish-blackish substance in a “Tea Pot” brand, sweeten condensed milk. You can read the detail findings, correspondence letters, photos of the contaminated milk and the foul conditions of F&N Dairies’ plant, at my open debate weblog http://consumersrighteousness.blogspot.com/.

Prior to exposing my horrible discovery, I have made a complaint to the company, but they are denying everything and not taking ownership of the product, even there is sufficient (justifiable) evidence that the milk is contaminated by mould and their plant have various foul conditions. I did not ask for any form of compensation, but I requested that the company be truthful, take ownership and accountable for their oversight, moreover rectify the problem and produce cleaner and safer food. I also request that they take concern about my family health, but they boldly responded that they are not liable for damaged products in the marketplace.

I believe open debate is the best civil process in resolving arguments and opinion disputes, so I created an open debate weblog and invited the company to participate. Arrogantly, the company refused to participate and subsequently got their lawyers to threaten and bully me with demand letters. I am people whom do not bow down to intimidation and I continued with the open debate weblog, with hopes that the company will eventually join in, but they decided to take me to court under defamation that I had falsely and maliciously published words that are damaging to the reputation of the company.

I also feel cheated when the company executive responded that they are not liable for damaged products in the marketplace. Looks like I had been scammed by the company after being a loyal customer for many years. If only I had been informed in advance that I was eating their products under unsecured risk and with no assurance, I would have immediately change brand. I would have chosen a company that is more reliable, accountable and concern about their customers.

As a consumer, I am sickened by the fact that we are not provided maximum protection from this sort of situations and whatever consumer rights we have now are defenceless. Even the consumer association NGO where I made a complaint (about 5 months ago) seems to be shying away because my grievances involve a corporate giant. With all of this going on, I feel my rights as a consumer had been deprived and now I am being forced to silence. Yes, the company is now suing me to shut up. They are using bullying legal tactics just because I am poor and powerless.

I believe, it is the responsibility of our whole society to protect the rights and benefits of consumers, and we should together stand up and uphold it. By doing so, together we will eventually improve the consumption environment and no big organisation dares to bully anyone supported by a unified consumer society and that’s why I am writing to you. I am seeking for your point of view and support towards a good cause campaign to protect and uphold our consumer rights.

If you are willing, I sincerely hope you can cover my story on your weblog and tell it to your world wide readers. I would greatly value and appreciate your kind support. I apologise if I had troubled you and I am sincerely sorry if this letter is in the wrong section of your weblog. Let’s show F&N that we consumer are concern too.

If you wish to contact me, please send an email to eddskading@hotmail.com.

Thank you.

Yours truly,

Edward Skading