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Personal Injury · Quantum

Earning capacity is not the same as earnings.

Practice Area
Bodily Injury Cases
Year
1973
Outcome
Foundational quantum authority
Reference
Ti Huck & Anor v Mohamed Yusof [1973] 2 MLJ 62

Ti Huck & Anor v Mohamed Yusof [1973] 2 MLJ 62 is a foundational authority in Malaysian personal injury law — the decision that established the distinction between loss of future earnings and loss of earning capacity, a distinction that practitioners and courts still apply more than fifty years later.

Loss of future earnings addresses the income a plaintiff has demonstrably lost as a result of injury. Loss of earning capacity addresses the diminution in the plaintiff’s ability to earn — relevant where future income loss cannot be precisely quantified. V.P. Nathan & Partners deploys this distinction routinely in quantum strategy across Peninsular Malaysia.

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