UNIVERSITY OF MALAYA EXAMINATION FOR THE DEGREE OF BACHELOR OF LAWS. ACADEMIC SESSION 2016/2017: SEMESTER | LIA1003: Tort 1 Dec 2016/Jan 2017 Time: 2 hours INSTRUCTION TO CANDIDATES: Candidates are advised to spend the first 10 minutes reading the questions carefully. Answer TWO (2) questions only. Question 1 (COMPULSORY) and ONE (1) other question. The following statute will be provided to the candidates: 1. Defamation Act 1957 (Revised 1983) (Act 286) (This question paper consists of 4 questions on 4 printed pages)LIA1003 COMPULSORY Question 1, A group of teenagers decided to spend the hot weather at the public pool. Armed with sandwiches, some sport equipment and other picnic gears, they arrived in high spirits. Some were hungry and ate first. Others chose to cool off with a swim first. Unfortunately, the food they brought was not enough for a group of teenagers. When those who swam first came to eat, they found only bread, butter and vegetables, while the meat and desserts had gone. Imran was disgusted that his friends were so inconsiderate. Aiming for the rubbish bin, he threw a whole cucumber over the heads of his friends. The cucumber narrowly missed Adam, who thought it had been thrown at him. He caught it and hurled it back at Imran, who had turned away, assuming he had successfully thrown the cucumber in the rubbish bin. The cucumber hit Imran squarely on the back of his head. Surprised and angry, Imran turned and demanded to know who had thrown it to him. Quickly the group broke into two rival groups. They began shouting rudely at each other. The group got louder and before long, a fist fight broke out. The house closest to the pool heard the commotion. While Sufiah called the police, her husband, Shafiq went over to break up the fight. Unfortunately, both sides turned on him and began to beat him mercilessly. A runner, Harry, came by and tried to rescue Shafiq. In the process, Harry got his ankle broken. About that time, two policemen arrived. One of them stayed to sort out the commotion, while another took Harry to the hospital. Harry, who was 17 years old, was planning on getting a sport scholarship to pursue his studies. Dr. Amashah told him he needed to be put in a cast for six weeks. Harry refused, saying that next week there was a race which was essential for his chances of getting the scholarship. He said he would be willing to have the cast put on after the race. Dr. Amashah told Harry that the delay coupled with racing would likely cause a permanent limp. Harry said, not getting a scholarship would permanently damage his future and continued to refuse the treatment. Dr. Amashah called Ali and Abu, two hospital security guards to hold Harry. Dr. Amashah gave Harry anesthesia so that he could not interfere when Dr. Amashah_ setthe bone and put on the cast. 214LIA1003 When Harry woke up, he was more than furious. He shouted to Dr. Amashah, “The minute | am mobile again, | would break not only your skull but also those of your wife and children”. Dr. Amashah was not used to having his action been questioned and also to him, his wife and children were the lights of his life. Confused and frightened, he ordered Harry to be sent to the locked psychiatric ward and marked him as a dangerous person. Not knowing how long Harry would be confined, Dr. Amashah took leave and brought his family to their vacation home in Hawaii. Advise all parties as to their rights and liabilities. (35 marks) Answer ONE (1) other question 2. ‘While it is right that a person should not suffer injury to their reputation, the defences provided by the law against a claim of defamation are of fundamental importance in ensuring that individuals can exercise their right to free speech.’ Evaluate the defences to defamation and assess whether the law has achieved a fair balance between these principles. (25 marks) 3/4