Law of Tort

Topics: Tort, Common law, Negligence Pages: 2 (774 words) Published: July 25, 2012
An accident was occurred by the car driven by Azhar with the disabled lorry which has been stalled by Ah Chan. Two of these persons have made their own fault as what happened on case Ramachandran a/l Mayandy v. Abdul Rahman bin Ambok. First of all, Azhar has derived his vehicle along a state road at slightly above the speed limit and his vehicle was equipped with a seatbelt but Azhar was not wearing it at the time of the collision. In addition, the impact of the collision caused serious injury to Azhar and knocked him unconscious. At the same time, Ah Chan apparently did not have such markers with him at the time, nor did he take any precaution to warn approaching drivers of the obstacle facing them. According to Malaysian road safety regulations require the operator of disabled or stalled vehicles to place certain markers on the roadway to warn approaching drivers of the danger. Besides that, Ah Chan also suffers from panic attacks whenever he hear loud noises and also mental distress due to concern of his teenage son’s safety whom he had left sleeping in the passenger seat of the lorry as happened in Zainab Ismail v. Marimuthu. However it turns out that his son escaped unhurt from the collision. According to Contributory Negligence rule, where the plaintiff failed to take reasonable care of himself which contributes to his injury along with the defendant’s negligence. Contributory negligence is a partial defense – it is the defendant who must plead contributory negligence. According to this case, on section 12 (1) of the Civil Law Act 1956, where any person suffers damage as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof shall be reduced to such extent as the Court thinks just and equitable having regard to the...
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