Topic : Law of negligence

1. When a plaintiff suffers an injury due to the negligent act of a defendant, explain the 3 elements must the plaintiff prove to the court to win the case.

2. Kaya Investment Sdn. Bhd. (KSB) plans to buy some shares in Emas Sdn. Bhd. (ESB) Therefore KSB decides to use the financial report of ESB taken from the website to use as a guidance in purchasing the shares. The report is for shareholders of ESB only. KSB is never a shareholder. Based on the report, KSB buys a substantial amount of ESB's shares. Unfortunately the value of the shares go down & KSB suffers loss. Can KSB sue ESB for the loss? Explain by using case law.