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This book consist of 20 chapters, each dealing with a separate branch of the law of negligence and/or related breaches of statutory duty. The first six chapters deal with general principles and the remaining 14 with particular areas of the law.
Hardcover
ISBN: 042146500X
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KEY TOPICS:
This book seeks to examine the main principles of professional liability in Malaysia with emphasis on the liabilities in tort and equity, in addition to the obligations under contract and written law. While specific chapters are devoted to the law as is applicable to surveyors, construction professionals (exemplified by engineers, architects and quantity surveyors), accounting professionals, doctors and lawyers, the law is examined against the backdrop of the general law applicable to professionals generally.
The book provides the answers to some key questions – in what circumstances would a professional owe a duty to a client or to a third party, what is the standard of care the law demands that a professional should adhere to, and what would be the extent of the liability of a professional where a breach of duty is proved. In addition to the principles of assessment of damages in tort, emphasis is also given to the rules governing equitable compensation.
The authors have helpfully provided a wide range of pointers to relevant developments of the law in Commonwealth jurisdictions for better analysis and to show the way forward for Malaysian law where issues have yet to be decided in Malaysia.
CONTENTS
Introduction
Part I: General Principles
1. Duties in Contract and Tort
2. Fiduciary Obligations
3. Duties under Written Law
Part II: Duty and Breach
4. Surveyors
5. Construction Professionals
6. Accountants and Auditors
7. Doctors
8. Lawyers
Part III: Remedies and Damages
9. Remedies
10. Damages for Breach of Duty
Professional Negligence and Liabilities with Cases & Commentaries analyses the common law notion of professions, quasi-professions, professional and quasi-professional categories. This book examines the theoretical and practical aspects in judicial discourse relating to professional and quasi-professional liabilities affecting various professions, vocations and trades. It is complemented by decided House of Lords cases on how professionals and quasi-professionals such as Accountants, Bankers, Consultants, Contractors, Engineers, Solicitors, Valuers and other professionals, could be held liable for their negligence. Many landmark and popular cases on torts, from the House of Lords and Court of Appeal, are discussed in detail.