LAW OF TORTS II (LAW498)
ASSIGNMENT QUESTION (30 MARKS)
INSTRUCTIONS
1. Please answer the question. Beware of plagiarism. All sources must be acknowledged
in footnotes. Students are reminded to ensure that their work does not plagiarise another
student’s or person’s work.
2. The assignment should not exceed seven (7) pages (excluding the cover page).The word
count must be stated in the work submitted.
3. The assignment must be typed with a font size of 12 points, Times New Roman, a
spacing of 1.15, and justified.
4. All references should be included in the bibliography. Students must also keep a copy
of the final version of the submitted assignment.
5. This is a group assignment. Each group must have four members. The names and
student IDs must be clearly stated on the cover page.
6. All group members will get the same mark. Please contribute to your group and make
sure everyone participates. Any free rider or sleeping partner is strictly prohibited.
Please inform me of such an occurrence.
7. Apart from the landmark cases for Nuisance, please include Malaysian recent cases in
your answer, e.g., cases from 2013 until 2020. Failure to include recent cases will
greatly affect your total marks.
8. All assignments must be submitted in PDF format via Google Classroom by May 20th,
2022 (Friday) before 5.00 p.m. Only one representative from each group needs to
submit the assignment. No late submissions will be accepted or marked.
QUESTION
Nobita, an aspiring and well-known author, owns a house in the middle of an agricultural area
from which he writes his latest novel, which is due in one month for publication. Living in the
area, Nobita experienced some disturbance from his neighbours. One of his neighbours is
Kepochi Horses Farm. Nobita owns a house that adjoins a field in which horses are kept.
Recently, the owner of the field, Pak Kepochi, has increased the number of horses kept there
and has commenced construction of large stables. The noise from the construction disturbs
Nobita during the day as his house overlooks the construction, and the braying and neighing of
the horses disturb his sleep during the day. To finish writing his latest novel, Nobita has been
burning the midnight oil and always sleeps during the day.
Pak Kepochi, who intends to buy Nobita’s land, purposely disturbs the horses to cause Nobita
to leave the neighbourhood. Other people in the neighbourhood have also complained about
the noise of the horses and the building work. Apart from that, when the wind is blowing in the
right direction, the smell from the stable makes it almost unbearable to be outside of his house.
Although Nobita has spoken and complained to Pak Kepochi as the owner of the farm, Pak
Kepochi argues that the farm has been there for more than 20 years and no one has ever
complained about the noise and the smell.
During the construction of the stable, the large crane used by the contractor, Jaya Construction
Company, to move building materials into the field dropped a pallet of bricks, sending debris
into Nobita’s garden and injuring his gardener, Giant, who was working in the garden at the
time. Nobita is also aggrieved because the trees in the field are increasingly overhanging his
driveway, making it difficult for him to park his car without scratching the body of the car.
Advise Nobita and Giant as to their legal rights and remedies, if any, in the law of tort.
