Summary - Chapter 2.1 - Burden & Standard of Proof: Civil Cases Flashcards

1
Q

BURDEN & STANDARD OF PROOF IN CIVIL CASES

Overview

A

1) Burden of proof
2) Standard of proof
3) Meaning of balance of probabilities
4) Exception - proving particular facts under S.103
5) Exception - proving facts specially within knowledge under S.108

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2
Q

BURDEN & STANDARD OF PROOF IN CIVIL CASES

Burden of proof

A

TNB v Perwaja Steel Sdn Bhd

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3
Q

BURDEN & STANDARD OF PROOF IN CIVIL CASES

Standard of proof

A

PP v Yuvaraj

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4
Q

BURDEN & STANDARD OF PROOF IN CIVIL CASES

Meaning of balance of probabilities

A

1) Trite - Miller v Minister of Pensions

2) Recent - PP v Kuala Dimensi Sdn Bhd (2021) - RFJ

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5
Q

PROVING PARTICULAR FACTS UNDER S.103

Overview

A

1) Different level of balance of probabilities
2) General allegations of crime in civil cases
3) Allegations of forgery
4) Allegations of fraud

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6
Q

PROVING PARTICULAR FACTS UNDER S.103

Different level of probabilities

A

1) The requirement: Teoh Meng Kee v PP
2) Examples:

Ku Jia Shiuen & Anor v Kerajaan Malaysia & Ors - medical negligence

Inas Faiqah Mohd Halim v Kerajaan Malaysia - assessment of future loss or damages

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7
Q

PROVING PARTICULAR FACTS UNDER S.103

Allegation of forgery

A

Letchumanan Chettiar Alagappan v Secure Plantations

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8
Q

PROVING PARTICULAR FACTS UNDER S.103

Allegation of fraud

A

1) First approach: Official Assignee of High Court
2) Second approach: Lau Kee Ko & Anor v Paw Ngi Siu
3) Third approach: Ang Hiok Seng v Yim Yut Kiu
4) Recent landmark: Sinnaiyah & Sons v Damai Setia Sdn Bhd

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9
Q

PROVING PARTICULAR FACTS UNDER S.103

Immoral use of premise

A

Eastern Enterprises v Ong Choo Kim

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10
Q

PROVING FACTS SPECIALLY WITHIN KNOWLEDGE UNDER S.106

Overview

A

1) Meaning of specially
2) Example - involvement of third party
3) Res ipsa loquitur

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11
Q

PROVING FACTS SPECIALLY WITHIN KNOWLEDGE UNDER S.106

Meaning of specially

A

PP v Lim Kwai Thean

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12
Q

PROVING FACTS SPECIALLY WITHIN KNOWLEDGE UNDER S.106

Example - Involvement of third party

A

Sundram v Arjunam

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13
Q

PROVING FACTS SPECIALLY WITHIN KNOWLEDGE UNDER S.106

Example - res ipsa loquitur

A

1) Basis & principles of maxim - MA Clyde v Wong Ah Mei

2) Example - David Chelliah v Monorail Malaysia Technology

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