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 Prospective Law Students Gateway V2, A basic guide to become a lawyer

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stevendefool
post Aug 31 2013, 03:16 PM

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Hi, I've got a question regarding negligent misstatement in law of tort.

For negligent misstatement, in order to establish whether there is a special relationship between the plaintiff and defendant, there must be 5 key elements that needs to be fulfilled:

1. Defendant possesses a skill or expertise
2. Defendant voluntarily assumes responsibility for his statement
3. Known user
4. Known purpose
5. Reasonable reliance

Am I right till up here?

Now the question is, for the 2nd element, if there's a disclaimer, like in the Hedley Byrne v Heller case, does it means that the defendant did not voluntarily assume responsibility for his statement? Does this also means that there is no special relationship between the plaintiff and defendant because one of the element is not fulfilled? But I remember seeing that in the Hedley Byrne v Heller case, there was a special relationship between the defendant and plaintiff. I'm confused rclxub.gif rclxub.gif
lynnster93
post Sep 1 2013, 01:15 PM

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QUOTE(chiahau @ Aug 31 2013, 01:48 AM)
I thought you would google but oh well

http://um.edu.my/mainpage.php?module=Maklu...&id=175&papar=1

Don't think MMU foundation could be used for entry program.
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I tried and I emailed their admin page but I did not get a reply.

Sorry for the trouble.
chiahau
post Sep 1 2013, 01:30 PM

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QUOTE(stevendefool @ Aug 31 2013, 03:16 PM)
Hi, I've got a question regarding negligent misstatement in law of tort.

For negligent misstatement, in order to establish whether there is a special relationship between the plaintiff and defendant, there must be 5 key elements that needs to be fulfilled:

1. Defendant possesses a skill or expertise
2. Defendant voluntarily assumes responsibility for his statement
3. Known user
4. Known purpose
5. Reasonable reliance

Am I right till up here?

Now the question is, for the 2nd element, if there's a disclaimer, like in the Hedley Byrne v Heller case, does it means that the defendant did not voluntarily assume responsibility for his statement? Does this also means that there is no special relationship between the plaintiff and defendant because one of the element is not fulfilled? But I remember seeing that in the Hedley Byrne v Heller case, there was  a special relationship between the defendant and plaintiff. I'm confused rclxub.gif  rclxub.gif
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http://faculty.law.ubc.ca/biukovic/supplements/Hedley.htm

I find this writing quite informative.

I'm not sure of what you are asking. whether the principle of the case Hedley Byrne v Heller or the 2nd part of the key element of the negligent by tort.

If you are still not sure, refer to your lecturer.

This post has been edited by chiahau: Sep 1 2013, 01:36 PM
deknoi
post Sep 3 2013, 01:01 PM

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QUOTE(jhong @ Aug 29 2013, 10:58 PM)
I would agree that BPTC does train you in legal drafting and advocacy, but not necessarily make you a better litigator. However, i do not think having passed CLP would pave your way in becoming a corporate lawyer? 

Technically speaking, this is a misconception,  we do not recognise the BPTC nor LPC itself.  It is barrister-at-law that is recognised having admitted to the English Bar and member of Inn. If you passed your LPC and you're admitted into the roll of solicitors in the UK, it will be recognised here as well. We tend to misunderstand due to the fact that a pupillage is not a must to become barrister-at-law; whereas, in order to admit to the law society in the UK, you will have to secure a training contract.

http://www.lpqb.org.my/index.php?option=co...d=131&Itemid=77
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Thanks for that information! It seems strange that more of us Malaysians don't attempt to secure a training contract while doing their 1/2/3 years study in the UK; it's far easier to get a training contract than it is to get a pupillage and firms tend to be much more commercially-minded and recognise the advantages that a poly-lingual, well-travelled candidate could bring. They could also spend 2 years working in the UK earning far more than they would back in Malaysia (evening taking the cost of living into account).


QD_buyer
post Sep 3 2013, 10:45 PM

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I want to know any Bachelor of Jurisprudence students from UM here ?

I'm a UM law student but I can't find / having interaction with any BOJ students there
chiahau
post Sep 4 2013, 01:42 PM

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QUOTE(QD_buyer @ Sep 3 2013, 10:45 PM)
I want to know any Bachelor of Jurisprudence students from UM here ?

I'm a UM law student but I can't find / having interaction with any BOJ students there
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It's not really that popular here? laugh.gif

Most people here are UoL students.
QD_buyer
post Sep 10 2013, 11:44 PM

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QUOTE(chiahau @ Sep 4 2013, 01:42 PM)
It's not really that popular here? laugh.gif

Most people here are UoL students.
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Oh really ?

Maybe I should ask them myself since UoL and IPTA LLB are generally different .
chiahau
post Sep 11 2013, 12:30 AM

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QUOTE(QD_buyer @ Sep 10 2013, 11:44 PM)
Oh really ?

Maybe I should ask them myself since UoL and IPTA LLB are generally different .
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To be honest, I've yet to meet any BoJ student online except for you.... laugh.gif
Samantha0809
post Sep 11 2013, 09:49 PM

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I'm currently in a dilemma whether to pursue CLP at BAC or ATC. I would like to hear from people who have done their clp course in either ATC or BAC. TQ
sengyik90
post Sep 12 2013, 01:50 AM

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QUOTE(Samantha0809 @ Sep 11 2013, 09:49 PM)
I'm currently in a dilemma whether to pursue CLP at BAC or ATC. I would like to hear from people who have done their clp course in either ATC or BAC. TQ
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you need my advice?
Samantha0809
post Sep 12 2013, 07:47 AM

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QUOTE(sengyik90 @ Sep 12 2013, 01:50 AM)
you need my advice?
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Yes, thank you.

This post has been edited by Samantha0809: Sep 12 2013, 12:57 PM
jonchoongqx
post Sep 12 2013, 10:31 AM

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anyone studying law in aus???
Samantha0809
post Sep 12 2013, 05:36 PM

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I'm currently in a dilemma whether to pursue CLP at BAC or ATC. I would like to hear from people who have done their clp course in either ATC or BAC. I really need advices from anyone of you who have done CLP or people who are familiar with the 2 colleges mentioned. TQVM

This post has been edited by Samantha0809: Sep 12 2013, 08:46 PM
jonchoongqx
post Sep 16 2013, 08:59 PM

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QUOTE(Samantha0809 @ Sep 12 2013, 05:36 PM)
I'm currently in a dilemma whether to pursue CLP at BAC or ATC. I would like to hear from people who have done their clp course in either ATC or BAC. I really need advices from anyone of you who have done CLP or people who are familiar with the 2 colleges mentioned. TQVM
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Where did you do your LLB???

Samantha0809
post Sep 18 2013, 09:51 PM

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QUOTE(jonchoongqx @ Sep 16 2013, 08:59 PM)
Where did you do your LLB???
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I've made up my mind. Thanks smile.gif
cyh03176
post Sep 25 2013, 09:10 AM

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I just graduated with my law degree in the UK and I am now a BPTC student. I am very upset now. I wonder if choosing the BPTC is a better choice over the CLP since even if we pass the BPTC we still have to come back to Malaysia to practice and other countries like Hong Kong and Singapore only recognise their own Bar Examination.

Can someone enlighten me please? sad.gif
BravoZeroTwo
post Sep 25 2013, 10:32 AM

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QUOTE(cyh03176 @ Sep 25 2013, 10:10 AM)
I just graduated with my law degree in the UK and I am now a BPTC student. I am very upset now. I wonder if choosing the BPTC is a better choice over the CLP since even if we pass the BPTC we still have to come back to Malaysia to practice and other countries like Hong Kong and Singapore only recognise their own Bar Examination.

Can someone enlighten me please? sad.gif
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Can you practice in the UK after your BPTC ? Have you considered doing your Solicitor's course over in the UK instead ? Thanks.
chiahau
post Sep 25 2013, 11:14 AM

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QUOTE(cyh03176 @ Sep 25 2013, 09:10 AM)
I just graduated with my law degree in the UK and I am now a BPTC student. I am very upset now. I wonder if choosing the BPTC is a better choice over the CLP since even if we pass the BPTC we still have to come back to Malaysia to practice and other countries like Hong Kong and Singapore only recognise their own Bar Examination.

Can someone enlighten me please? sad.gif
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Not really?

QUOTE(BravoZeroTwo @ Sep 25 2013, 10:32 AM)
Can you practice in the UK after your BPTC ? Have you considered doing your Solicitor's course over in the UK instead ? Thanks.
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If he gets a training contract or a job there, I think no issues.

The issue is, it's hard to get job there now.
liez
post Sep 25 2013, 12:48 PM

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Taking CLP in BAC or ATC is equally same. Still depends a lot on the individual effort. This is the truth.
alsree786
post Sep 25 2013, 01:37 PM

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QUOTE(cyh03176 @ Sep 25 2013, 09:10 AM)
I just graduated with my law degree in the UK and I am now a BPTC student. I am very upset now. I wonder if choosing the BPTC is a better choice over the CLP since even if we pass the BPTC we still have to come back to Malaysia to practice and other countries like Hong Kong and Singapore only recognise their own Bar Examination.

Can someone enlighten me please? sad.gif
*
I don't get it. Why are you upset? You want to practice in Singapore or Hong Kong? What do you want us to enlighten you on?

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