Forseeability of damages in negligence related to construction industry in Malaysia

Negligence is a failure to take reasonable care to avoid causing injury or loss to another person and foreseeability of damages can be found after all the elements of negligence has been go through. Foreseeability only comes until the damages are done but how to determine the liability or damages ex...

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Bibliographic Details
Main Author:	Mohamad Rasdi, Noor Hajar
Format:	Thesis
Language:	English
Published:	2020
Subjects:	HD Industries Land use Labor TH Building construction
Online Access:	http://eprints.utm.my/id/eprint/98260/1/NoorHajarMohamadMFABU2020.pdf
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id	my-utm-ep.98260
record_format	uketd_dc
spelling	my-utm-ep.982602022-11-23T08:42:37Z Forseeability of damages in negligence related to construction industry in Malaysia 2020 Mohamad Rasdi, Noor Hajar HD Industries. Land use. Labor TH Building construction Negligence is a failure to take reasonable care to avoid causing injury or loss to another person and foreseeability of damages can be found after all the elements of negligence has been go through. Foreseeability only comes until the damages are done but how to determine the liability or damages except foreseeability of damages happened. Research found that reasonable foreseeability of damages could be determine by using reasonable foreseeability test. The aim of this research is to identify the reasonable foreseeability damages in construction in Malaysia. In order to achieve the research aim, the objectives are to identify the foreseeability test could or could not bring damages to be foreseen and to determine type of damages by using foreseeability test. This study was carry out by using a case study approach with 10 legal cases that having reasonable foreseeability damages as a claim towards defendants and as defends towards plaintiffs and using reasonable foreseeability damages in determine liability or damages rise by parties in construction industry in Malaysia. The development of research methodology comes after analysis the published literatures regarding the reasonable foreseeability damages in negligence and related legal cases to the topic. As for the finding, the aim of this research is to identify the reasonable foreseeability damages in construction industry in Malaysia has slightly achieved. The type of damages could determine by 30% of using foreseeability test but most of the cases cannot be determined. The damages could 50% be foreseen by using foreseeability test but most of cases used foreseeability to identify the relationship of duty of care between parties. 2020 Thesis http://eprints.utm.my/id/eprint/98260/ http://eprints.utm.my/id/eprint/98260/1/NoorHajarMohamadMFABU2020.pdf application/pdf en public http://dms.library.utm.my:8080/vital/access/manager/Repository/vital:144534 masters Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying Faculty of Built Environment & Surveying
institution	Universiti Teknologi Malaysia
collection	UTM Institutional Repository
language	English
topic	HD Industries Land use Labor TH Building construction
spellingShingle	HD Industries Land use Labor TH Building construction Mohamad Rasdi, Noor Hajar Forseeability of damages in negligence related to construction industry in Malaysia
description	Negligence is a failure to take reasonable care to avoid causing injury or loss to another person and foreseeability of damages can be found after all the elements of negligence has been go through. Foreseeability only comes until the damages are done but how to determine the liability or damages except foreseeability of damages happened. Research found that reasonable foreseeability of damages could be determine by using reasonable foreseeability test. The aim of this research is to identify the reasonable foreseeability damages in construction in Malaysia. In order to achieve the research aim, the objectives are to identify the foreseeability test could or could not bring damages to be foreseen and to determine type of damages by using foreseeability test. This study was carry out by using a case study approach with 10 legal cases that having reasonable foreseeability damages as a claim towards defendants and as defends towards plaintiffs and using reasonable foreseeability damages in determine liability or damages rise by parties in construction industry in Malaysia. The development of research methodology comes after analysis the published literatures regarding the reasonable foreseeability damages in negligence and related legal cases to the topic. As for the finding, the aim of this research is to identify the reasonable foreseeability damages in construction industry in Malaysia has slightly achieved. The type of damages could determine by 30% of using foreseeability test but most of the cases cannot be determined. The damages could 50% be foreseen by using foreseeability test but most of cases used foreseeability to identify the relationship of duty of care between parties.
format	Thesis
qualification_level	Master's degree
author	Mohamad Rasdi, Noor Hajar
author_facet	Mohamad Rasdi, Noor Hajar
author_sort	Mohamad Rasdi, Noor Hajar
title	Forseeability of damages in negligence related to construction industry in Malaysia
title_short	Forseeability of damages in negligence related to construction industry in Malaysia
title_full	Forseeability of damages in negligence related to construction industry in Malaysia
title_fullStr	Forseeability of damages in negligence related to construction industry in Malaysia
title_full_unstemmed	Forseeability of damages in negligence related to construction industry in Malaysia
title_sort	forseeability of damages in negligence related to construction industry in malaysia
granting_institution	Universiti Teknologi Malaysia, Faculty of Built Environment & Surveying
granting_department	Faculty of Built Environment & Surveying
publishDate	2020
url	http://eprints.utm.my/id/eprint/98260/1/NoorHajarMohamadMFABU2020.pdf
_version_	1776100568614305792

Forseeability of damages in negligence related to construction industry in Malaysia

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