Caparo’s Legacy: A Voyage Through Professional Negligence in Malaysia
Junaidah Zeno1, Sharija Che Shaari2, Ida Shafinaz bt Mohamed Kamil3.
The landmark decision in Caparo Industries plc v Dickman [1990] 2 AC 605 is seen as a
momentous milestone in the development of negligence claims with far-reaching consequences
for how professional negligence is interpreted in various legal systems. The case introduced
what is known as the Caparo test, which considers foreseeability, proximity, and
reasonableness to establish a duty of care. Malaysian courts also recognised and adopted the
Caparo test while adjudicating claims against professionals, particularly auditors. Accordingly,
this paper explores how the Malaysian judiciary embraced and modified the Caparo test,
particularly in setting legal precedents and defining professional negligence claims via a
doctrinal analysis. The paper attempts to enhance understanding of the adaptability of landmark
principles in assessing negligence claims against professionals.
Affiliation:
- Faculty of Business, Economics and Accountancy, Universiti Malaysia Sabah (UMS), 88400 Kota Kinabalu, Sabah, Malaysia
- Faculty of Business, Economics and Accountancy, Universiti Malaysia Sabah (UMS), 88400 Kota Kinabalu, Sabah, Malaysia
- Faculty of Business, Economics and Accountancy, Universiti Malaysia Sabah (UMS), 88400 Kota Kinabalu, Sabah, Malaysia
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