TORT LAW: Negligence
3 cases · March 2025 to November 2025
Key Issues & Sub-Topics
Duty of care — Pure economic loss — Proximity between parties — Voluntary assumption of responsibility — Policy considerations — Whether commercial party owes duty of care to verify authority of counterparty's representatives — Whether employer owes duty of care to third parties regarding fraudulent acts of employees — Whether sufficient proximity exists in commercial dealings through unauthorized agent — Whether duty of care should be imposed as matter of policy — Whether imposition of duty would make parties insurers against employee fraud — Whether it is just, fair and reasonable to impose duty of care — Three-fold test for establishing duty of care (foreseeability, proximity, policy) 1 Duty of care — Causation — But-for test — Novus actus interveniens — Whether bank owed common law duty of care beyond contractual duties — Whether breach of duty was but-for and proximate cause of customer's loss — Whether third-party fraudulent conduct broke chain of causation — Whether loss reasonably foreseeable consequence of bank's breaches — Whether customer's conduct broke chain of causation 1 Alternative claim alongside contractual claim — Duty of care in commercial relationships — Whether essential elements of negligence established — Failure to disclose material information about project site conditions — Whether negligence claim sustainable where contractual relationship governs parties' duties — Application of Caparo three-stage test for duty of care — Whether concurrent liability in tort and contract permissible 1
Duty of care — Causation — But-for test — Novus actus interveniens — Whether bank owed common law duty of care beyond contractual duties — Whether breach of duty was but-for and proximate cause of customer's loss — Whether third-party fraudulent conduct broke chain of causation — Whether loss reasonably foreseeable consequence of bank's breaches — Whether customer's conduct broke chain of causation 1 case
Alternative claim alongside contractual claim — Duty of care in commercial relationships — Whether essential elements of negligence established — Failure to disclose material information about project site conditions — Whether negligence claim sustainable where contractual relationship governs parties' duties — Application of Caparo three-stage test for duty of care — Whether concurrent liability in tort and contract permissible 1 case
Key Statutes
Evidence Act 1950 (Cap 56)
cited in 2 cases Rules of Court 2012
cited in 2 cases Contracts Act 1950 (Cap 136)
cited in 1 case National Land Code (Cap 828)
cited in 1 case Companies Act 2016 (Cap 777)
cited in 1 case Evidence Act
cited in 1 case Court Distribution
Key People & Firms
Top Judges
Top Firms
Cases
wa-22ncc-637-12-2020
SARENS (MALAYSIA) SDN BHD v 1. ) CAUSEWAY IRON WORKS SDN BHD 2. ) LIM CHING SENG 3. ) JEGATHISVARAN A/L MATHEVEN
4 November 2025
MYHC
wa-22ncc-231-05-2022
PAX INVESTMENTS LIMITED v STANDARD CHARTERED BANK MALAYSIA BERHAD
13 April 2025
MYHC
wa-22ncc-227-05-2022
PETROGAS RESOURCES SDN. BHD. v LGM PROPERTIES CORPORATION
23 March 2025
MYHC