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Wednesday, March 26, 2008

Arabic Test, English Article Review and Test on Law of Tort

Yesterday, I got to face the test on law of of Tort and an hour before the test, I had to review an article in front of my fellow classmates and my English Lecturer. Yesterday was quite a harsh, because inside of myself, I felt very dissatisfied and angry with my review presentation and with the test because I wouldn't do well. The day before, on Monday, I was facing the Arabic's oral test. It was also not a good day because out three general questions asked by my Arabic Lecturer, I couldn't answer one question. I supposed can answer it, but because there was one word that I didn't understand, I lost mark there.

Negligence misstatement under law of Tort is quite hard to apply when answering the question, even though I can understand the basis of the negligence misstatement. There are two main precedents to be referred regarding negligence misstatement, as I learned.

1. Hedley Bryne's case
2. Caparo Industries plc's case

The rule basically is quite simple to establish the negligence misstatement. There must be a special relationship between the defendant and the plaintiff where the special relationship compromises three following rule;

i. Plaintiff relies on defendant's advice by acting upon the defendant's advice
ii. Plaintiff reasonably relies on defendant's advice because of the defendant's authority or under certain circumstances which make plaintiff reasonably relies on defendant's advice
iii. Defendant knows that plaintiff will rely on his advice because of his position to give advice

The second and third rules must be read together with just, fair and reasonable.

(Refer to Law of Tort in Malaysia by Norchaya Talib or Winfield and Jolowicz on Tort for better and clear explanation - I will not be responsible for any misunderstood regarding above explanation which is only on my understanding).

The article review, I chose the article with the title - Be Clear with the Goals of National Economic Policy - the issue which compromises all politics, economic and social matters, but I didn't present iy very well.

Don't want to talk about Arabic test because I supposed can answer that one easy question but I can't answer.

One more thing I must always remember - final examination is just around the corne - 20 April 2008 till 12th May 2008

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1 comments:

nice law of tort to learn..n even more nicer caution for its follwers :)...follow at own risk:)