NEGLIGENCE IN INFRASTRUCTURE ASSET MANAGEMENT AND

THE LIABILITY IN THE LAW OF TORTS

Dina Imam Supaat

Faculty of Syariah and Law
Universiti Sains Islam Malaysia
Email: dina@usim.edu.my

ABSTRACT

Infrastructure asset management is a crucial process that contributes towards safe use
of property and services. The law of torts on the other hand ensures that injury and
laws caused by negligent acts will be compensated. This study aims to highlight the
protection against damage due to negligence in infrastructure asset management. It
first explains the meaning of negligence and its fundamental elements. This involves
analysis of duty of care and breach of duty of care and how they apply in the context
of infrastructure asset management. Discussion then is directed to the liabilities and
damages involved in negligent suit. Next is the discussion on defences available to
exempt a defendant from the liability in the law of torts. Another noteworthy
dimension of this study is a deliberation on relevant case laws relating to negligence.
This study shows that negligence can entail hefty monetary implication and that
proper and careful maintenance of asset can help reduce financial burden of
companies.

Keywords: “negligence”, “liability in tort law”, “damages”