Tutorial: Law of Torts (Negligence)
Problem Question/ case study question
Sandy a retailer of clothes has sold a high demand of fox fur coat for RM 2000 to Datin Kaya. The
coat has been designed in a way that it would last 10 years if taken care in the manner specified by
the manufacturer in its sale tag. However, after a week, Datin kaya noticed that the coat was
infected by termites. She alleged that the seller was at fault in selling her the coat with termites.
Advise Sandy.
Answer-Negligence
Issue: Whether Datin Kaya can sue Sandy for negligence? ( 1m)
Law:
1. Duty of care-
Donoghue v Stevenson –neighborhood principle ( 2 m)
Palsgraf v Long Island Railroad
2. Breach of Duty ( 2m)
Practicality of precaution-
