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Sexual harassment and sexual assault is not uncanny within our nation. Worse, these incidents occurred way common as if it's in the nature of our status quo. This indecent and immoral issue should be paid more attention to the public as it is a matter affecting individuals honour and dignity as well as damaging to the emotional state of the victims. Yet, some issues arose regarding the existing laws that are enough to protect the rights of the victims. This is due to the public only aware of previous sexual related cases, the perpetrator to be punished or sanctioned through criminal laws. However, the laymen were not aware that the victims may and can claim compensation from the perpetrator by civil actions which in the law of tort. As can be seen, the main objective of this writing is to analyze whether sexual harassment is a lawful cause of action under tort law. At the same time, the author also makes an approach to differentiate action can be taken in overcoming sexual harassment which in between of civil laws and criminal laws including its concequences. The research methods used by the authors are qualitative methods through research and case study. The findings in this writing is that apart from criminal laws that are set to punish the perpetrator, the law of tort under the civil suit can help the victim to receive compensation from the said perpetrator. [ABSTRACT FROM AUTHOR]

A civil action is a dispute of law and a dispute of fact between two or more parties seeking remedies for injury or damages suffered due to wrongful act by one of the parties. The purpose of civil action is for the Plaintiff or the injured party to seek compensation or damages. Pursuant to Order 5 Rule 1 Rules of Courts 2012, to commence proceedings, it must be commenced either by way of Originating Summons or Writ. As for proceedings with a serious dispute of fact, it shall be instituted by Writ. Meanwhile, as for proceedings for which an application is to be made to the Court or a Judge, it shall be instituted by way of an Originating Summons. The objective of this study is to review cases decided since the past five years and to analyse the latest developments related to court judgments on the method of commencing civil action. This study is conducted qualitatively, which involves data analysis and review of the previous and latest cases. From the analysis, three main progresses have been identified namely the Court allows the conversion when there is no injustice prejudicial to the parties, the Court rejects application to convert without strong reason and the Court is likely to allow the conversion if it involves property issues. Therefore, this article will elaborate in detail on the definition of civil action, relevant provisions from Rules of Court 2012 and the latest developments of Court judgments on cases involving methods of commencing civil action. [ABSTRACT FROM AUTHOR]

Deceit is one branch of the offense under tort law. Deceit can be said to be a fraud act committed by someone who caused the other party to suffer loss or injury. The party suffering a loss or an injury can bring a claim in court on the basis of the tort law. Besides, the claimant must proof several important things before the court can decide the liability. This proof or evidence requires scientific verification by forensic experts. The testimony of the forensic expert can be used to convict deception and also can be used to dismiss the case in court. However, some forensic evidence is wrongly given in the trial. This has a significant effect on both the claimant and the defendant. As a result, the question arises as to what is the liability for tort of deceit in forensic according to tort and Islamic law. The purpose of this study is to define the meaning of deceit in tort and Islamic law as well as the liability for tort of deceit in forensic. This is a case study which gathered materials based on literature reviews, including cases published in Malaysian legal journals as well as cases addressed by fuqaha. The study was analyzed using thematic and descriptive methods. The study found that deceit is an offense according to tort and Islamic law. The liability for tort of deceit by a forensic expert must be determined on the grounds of which the deceit was knowingly committed while testifying to the evidence before the court. This study has implications to the judiciary; legal practitioners in Malaysia and to the forensic experts who were called to adduce evidence in court. [ABSTRACT FROM AUTHOR]

The law of tort is one of the private law that plays an important role in the environmental management of the highlands. Accordingly, this paper reviews the law of tort focusing on negligence in matters related to the environmental management of the highlands. This paper also identifies cases and actions related to the environmental management of the highlands through the law of tort focusing on negligence in Malaysia. Finally, this paper discusses the above-mentioned laws as instruments for the well-being of the highlands environment is protected. [ABSTRACT FROM AUTHOR]

The tort system that is used to regulate the medical negligence litigation points out three main requirements in finding liability. Islamic legal tradition has also outlined the concept of negligence and medical negligence. The article examines the principles concerning medical negligence and the extension of doctor's liability. When both tort and Islamic principles are juxtaposed, it shows that the Islamic principles and values can be adopted to underpin the tort system and this further proves that as a rule of law, Islamic law is adaptable to the modern scenario. [ABSTRACT FROM AUTHOR]