P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Occupiers' Liability - For Revision Purpose OnlyAzrin Hafiz
one of the chapters in LAW 498 - Law of Torts II
prepared by:
Azrin Hafiz
Bachelor of Legal Studies (Hons) student
Faculty of Law
Universiti Teknology MARA (MARA Universiti of Technology), Malaysia
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
indefesiability of right- immediate and deferred in Malaysia overruled by Tan Yin Hong case
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Anton Piller order
Assignment of Choses in Action
Effect of Section 6 Civil Law Act 1956 in respect to equity
Fusion of Law and Equity
Meaning of maxims and illustrations from cases
Perpetual injunction
Promissory Estoppel
Reception of Equity in Malaysia
indefesiability of right- immediate and deferred in Malaysia overruled by Tan Yin Hong case
P/S : I am sharing my personal notes of law-related subjects. Some parts of them are explained in a very informal-relaxed way and mix of languages (BM and English). Secondly, as law revolves every day, there will be outdated parts in my notes. Two ways of handling it.. (1) double check with the latest law and keep it to yourself (2) same with No. 1 coupled with your generosity to share with us, the LinkedIn users (hiks ^_^). Till then, have a nice day!
Uploaded notes in my SlideShare are limited to the basic principles based on personal understanding and subject to few amendments. Comments and updates are welcomed! If the notes benefited you, kindly let me know :)
Dalam transmisi dan distribusi tenaga listrik banyak dilakukan berbagai cara diantaranya melalui saluran udara (Over Head Line) dan saluran kabel bawah tanah (Underground Transmission). Akan tetapi transmisi dan distribusi saluran udara menjadi sangat sulit untuk dilaksanakan khususnya pada daerah yang jumlah penduduknya banyak seperti di kota-kota, dengan alas an beresiko tinggi dan mengurangi keindahan lingkungan. Untuk menghindari hal tersebut maka digunakan kabel transmisi yang di pasang di bawah permukaan tanah yang disebut kabel kabel bawah tanah (Underground Cable).
BPC Personal Injury Lawyer
204-3582 Major MacKenzie Dr W,
Woodbridge, ON, L4H 3T6, Canada
(800) 947-0548
http://www.bpclaw.ca/Woodbridge.html
At BPC Law, our Woodbridge personal injury lawyers are regarded as some of the top specialists when it comes to brain injuries, spinal cord injuries, orthopaedic injuries, and injuries resulting in chronic pain and psychological trauma. We specialize in motor vehicle accidents, public transportation accidents, motorcycle accidents, pedestrian accidents, slip and fall accidents, product liability, dog bites, and long-term disability claims. For more information about our services visit our website or give us a call today!
BPC Personal Injury Lawyer
22 Barrie Street, 2nd Floor,
Bradford, Ontario L3Z 2B9
(800) 947-1436
http://www.bpclaw.ca/Bradford.html
At BPC Law, our Bradford personal injury lawyers are regarded as some of the top specialists when it comes to brain injuries, spinal cord injuries, orthopaedic injuries, and injuries resulting in chronic pain and psychological trauma. We specialize in motor vehicle accidents, public transportation accidents, motorcycle accidents, pedestrian accidents, slip and fall accidents, product liability, dog bites, and long-term disability claims. For more information about our services visit our website or give us a call today!
LIABILITY INSURANCE in Energy & Shipping - IENE Seminar 2013George Koutinas
In this presentation, the main liability insurance forms are mentioned with a particular emphasis to the Environmental Liability issue, as, it has become a major concern for the business entities involved.
Insurance, from its very beginning that was established, constantly remains a valuable financially supporting tool to the maritime industry.
From the traditional coverage of standard assets (Hull & Machinery) and Cargo, following the broader socio-economic evolution and the new risk management demands, insurance has been extended to also cover “intangible assets” like Liabilities.
Conventional Marine Liability related to Third Parties, to Employees and to the Environment, are successfully treated by the Protection & Indemnity (P&I) Clubs. However, taking into account the current legal trends towards protection of the Public, the Clients, the Consumers and the Stakeholders as well as the strict regulations in respect of the Environment protection, Liability Insurance has become an even more serious business issue.
New upgraded Liability Insurance forms have to be applied by the maritime industry in a more rational way, especially when dealing with “high risk” activities like the transportation of energy substances (oil, gas, coal and radioactive).
In the contemporary business environment, insurance products like "Charterer’s Liability”, "Professional Liability”, “Management Liability” (Directors & Officers’) and "Environmental Liability”, have to be thoroughly examined and adequately applied, in order to assure appropriate financial security.
Insurance and Risk Management isn’t something that is at the top of most business owners’ and organization administrators’ minds. Unfortunately, ignoring it or incompletely addressing it can spell disaster (or limit how an organization can recover from a disaster). This 30 day vlog series will be dedicated to Insurance and Risk Management 101 for decision makers. You will by no means become an expert. But by the end, you should have the basic language and understanding to make certain you’ll have a good foundation to build your business or organization from.
Topics Covered
• What Types of Insurance are Available?
• What Types Should You Purchase?
• What are Some of the Insurance Alternatives?
• How do you Protect Your Property Before & After a Loss?
• How do you Protect Against Liability Lawsuits?
• How do you Protect Your Employees Before & After and On-the-job Injury?
• How do you Protect Your Business from Cyber Risks?
BLFON Personal Injury Lawyer
437 Sherbrooke St Suite A,
North Bay, ON P1B 2C2
(800) 596-0743
https://blfonlaw.ca/north-bay.html
You might call a BLFON Personal Injury Lawyer in North Bay, Ontario for a number of reasons. The main reason is because you want a highly competent lawyer in your corner when you have a personal injury, accident, or a product liability legal matter.
BLPC AB Personal Injury Lawyer
201B-309 1 St E
Cochrane, AB T4C 1Z3
(403) 879-2522
https://ablaw.ca/cochrane/
If you or a loved one was recently injured in an accident that was due to the careless, or negligence of you should consider contacting the BLPC AB Personal Injury Lawyer firm to discuss your circumstances.
BLPC AB Personal Injury Lawyer
6505 48 Ave
Camrose, AB T4V 3K3
(587) 844-2026
https://ablaw.ca/camrose/
Since establishing our practice, the BLPC AB Personal Injury Lawyer firm has been helping clients who have sustained injuries in a wide range of accidents. In most instances, these accidents occurred because of another company’s or person’s negligence.
subject of professional liability and managing your E&O risk. Highlights of the presentation are as follows. Errors and Omissions: What is an E&O, sample cases/claims. Negligence versus contract: Obligations to others. Standards of care. Damages: direct, consequential. Joint and several liability; loser pays. Insurance and risk management considerations. Presenter(s): Maurice Audet and Shelley Lloyd both of Aon Reed Stenhouse Inc.
Construction Accidents – Managing the Risks
The construction industry has had a disproportionately high rate of accidents for its size. According to Department of Labor (DOL) 2006 statistics, construction accounted for 7% of the U.S. workforce, but claimed 21% of all occupational fatalities and 10% of all disabling occupational injuries.
NIOSH, the National Institute for Safety and Health released statistics showing that one of every five workplace fatalities in the U.S. is a construction worker. Since construction workers handle dangerous equipment and situations on a daily basis, these accident statistics may not come as a surprise.
In 2006, the Pennsylvania Bureau of Workers’ Compensation received reports on 10,055 construction-related injuries. Despite extensive federal and state regulations designed to maintain safe worksites, 21 construction workers suffered fatal injuries in 2006 in Pennsylvania, an increase from 14 fatalities of the previous year.
This presentation will review root causes of construction accidents, OSHA’s role of “the work place safety gatekeeper” and the various duties of care for contractors and sub contractors. Identification of hazard factors affecting managing safety in assembly, erection, excavation and demolition operations in order to analyze their effect to the risk of accident occurrence.
Additionally the design professional’s opportunity and obligation to design for safety will be reviewed.
This presentation will demonstrate by review of case histories how risks can be managed and if not what liabilities can be incurred.
If the overall STP plant can have a constant water flow from the wastewater treatment process and the electrical generator can work well in the application, the electrical power generation is possible to feedback to the STP electrical board panel for pumping and STP auxiliary application.
Hence it will have a self-ecosystem in both water treatment and electrical generation and therefore provides alternative energy for the treatment plant to operate using its own flowing water from the wastewater treatment process.
Mega Jati is a Certified Training Provider for the Ministry of Finance (MOF) Malaysia, Human Resource Development Fund (HRDF), Construction Industry Development Board (CIDB), Environmental Institute of Malaysia (EiMAS) and Energy Commission (ST) for Continuous Professional Development (CPD), Supervision and Management Program. All trainings by Mega Jati are HRDF Claimable.
Our aim is to produce competent skilled personnel, certified and qualified that in line with the TVET Frameworks for the future of Malaysian Industry.
This presentation explains our TVET Programs.
Mega Jati ACADEMY, the training, and education arm of Mega Jati Consult founded in 2017 have been authorized by training bodies and organizations and was acknowledged through stringent training criteria set forth by relevant governing authorities.
The ACADEMY is developing its training potential and geared up to meet the training needs of various disciplines in the construction industry. Through certification by the Human Resource Development Fund (HRDF) and Construction Industry Development Board (CIDB), the ACADEMY is accredited to provide Continuous Professional Development Programmes (CPD) and other accreditation programmes.
This slide is prepared as a brief of Mega Jati ACADEMY Introduction for public.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Read| The latest issue of The Challenger is here! We are thrilled to announce that our school paper has qualified for the NATIONAL SCHOOLS PRESS CONFERENCE (NSPC) 2024. Thank you for your unwavering support and trust. Dive into the stories that made us stand out!
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Instructions for Submissions thorugh G- Classroom.pptxJheel Barad
This presentation provides a briefing on how to upload submissions and documents in Google Classroom. It was prepared as part of an orientation for new Sainik School in-service teacher trainees. As a training officer, my goal is to ensure that you are comfortable and proficient with this essential tool for managing assignments and fostering student engagement.
Unit 8 - Information and Communication Technology (Paper I).pdfThiyagu K
This slides describes the basic concepts of ICT, basics of Email, Emerging Technology and Digital Initiatives in Education. This presentations aligns with the UGC Paper I syllabus.
2. WHAT IS NEGLIGENCE?
Careless conduct
Negligence as a tort
More than heedless or careless
conduct – complex concept of duty,
breach and damage
When it is occur – the day the
plaintiff suffer loss – damage
existence
3. NEGLIGENCE WHAT IS IT? – the breach of a legal duty to take
care which results in damage, undesired by the
defendant, to the plaintiff (defendant? Plaintiff?)
ELEMENTS
THERE IS DUTY OF CARE
THE DUTY OF CARE HAS BEEN BREACHED
THE BREACH RESULTS IN DAMAGE TO PLAINTIFF
(economy, physical, financial, property)
4. DUTY OF CARE EXIST IF….
THE DAMAGE IS FORESEEABLE - FORESEEABLE
VS UNFORESEEABLE
IF FORESEEABLE – THERE IS DUTY OF CARE ~
BOURHILL V YOUNG
ZAZLIN ZAHIRA HJ KAMARUZAMAN
THERE IS CLOSE AND DIRECT REALTIONSHIP
OF PROXIMITY BETWEEN THE PLAINTIFF AND
THE DEFENDANT –
NEIGHBOUR CONCEPT – CLOSE/PROXIMITY
○ DONOGHUE VS STEVENSON
○ ANNS V MERTON LONDON BOROUGH – p91
○ PEABODY DONATION FUND V SIR LINDSAY PARKINSON & CO LTD – p93
○ BOURHILL V YOUNG
5. THE CIRCUMTANCES MUST
BE JUST AND REASONABLE.
SATHU V HAWTHORNDEN RUBBERS
ESTATE CO LTD
LOK KWAN MOI & ORS V RAMLI B. JAMIL &
ORS & GOVERNMENT OF MALAYSIA
6. WHAT ABOUT OMISSION?...
LIMITATIONS OF DUTY CARE
OMISSION
○ YES – CONTRARY TO EXISTING DUTY TO
ACT
- SPECIAL RELATIONSHIP BETWEEN 2 PARTIES
- DEFENDANT HAS CONTROL OVER 3RD
PARTY
- DEFENDANT HAS CONTROL OVER LAND ETC
- FAILED TO PERFORM AN ACT AS PROMISED
○ NO – SMITH VS LITTLEWOODS ORGASNIATION LTD
7. EXCEPTIONS
STATUTORY POWER- IMMUINITY
PSYCHIATRC ILLNESS – MENTAL, NEUROSIS
AND PERSONALITY CHANGES.
REASONABLY FORESEE
A TEST- 3RD
PARTY IN THE SAME POSITION
PROXIMITY BETWEEN PLAINTIFF AND THE
ACCIDENT – TIME AND SPACE
THE MEAN BY WHICH PLAINTIFF COME TO
KNOW
MEDICALLY RECOGNISED
HOW TO DETERMINE IN MONETARY TERM
8. TEST OF BREACH OF DUTY OF
CARE
REASONABLE MAN TEST
Classes of defendant
Practice and knowledge at the time of alleged
breach
RISK TEST
○ The magnitude of the risk
Probability of the injury occurring
Seriousness of the injury
○ Practicability or cost of precaution
○ The importance of object to be attained
○ General and approved practise
9. TEST OF BREACH OF DUTY OF CARE
THE REASONABLE MAN TEST
THE USUAL HICCUPS IN LIFE (..the standard or foresight of the
reasonable man.. Eliminates the personal equation and is
independent of the idiosyncrasies of the particular person whose
conduct is in question)
Level of intelligence and knowledge (the standard of care applicable
is that the standard is that of reasonable man in that position)
The defendant who has or profess expertise in a particular field (will
be judged as against other persons who possess those same skills)
The defendant with an incapacity or infirmity
The child defendant
Driver of a vehicle (not under a duty to be perfect to anticipate the
negligence of others
PROFESSIONAL?
10. DAMAGE
CAUSATION IN FACT
BUT FOR TEST
MULTIPLE CAUSES OR CONCURRENT
BREACHES A DUTY OF CARE
CONSECUTIVE BREACHES
CAUSATION IN LAW
DIRECT CONSEQUENCES
THE REASONABLE FORESIGHT TEST
○ TYPE OF DAMAGE MUST BE FORESEEABLE
○ THE EXTENT OF DAMAGE IS IRRELEVANT
○ THE METHOD BY WHICH THE DAMAGE OCCURS IS
IRRELEVANT
11. DAMAGE….
INTERVENING ACTS
THROUGH A NATURAL EVENT THAT
INDEPENDENT OF HUMAN CONDUCT
THROUGH THIRD PARTY
INTERVENING ACT OF THE PLAINTIFF
PURE ECONOMIC LOSS?
May be incurred either as a consequence of a
negligent misstatement or megligent act
(different principles applied)
12. PROFFESIONAL NEGLIGENCE
Ordinary case does not involve any special skill..
Negligence means failure to do some act.
The standard of care required of professionals is
that of a reasonable professional
Anybody act as if he/she is a professional will be
liable as is as he/she is professional
NEGLIGENCE may in the form of
Negligent misstatement
Negligent act
13. NEGLIGENT MISSTATEMENT
SPECIAL RELATIONSHIP
RELYING ON OTHER ADVISE p.117
DATO’ SERI AU BA CHI V MALAYAN UNITED
FINANCE BHD & ANOR p122
Plaintiff must show
that he relied on the proper performance of that
service by the defendant;
he is identifiable or belongs to a class of persons
whom the defendant knows to be relying on the
advise or information, thus establishing proximity
and foreseeability
14. NEGLIGENT ACT
Pure economic loss is favour in certain cases
Spartan steel p.125
Murphy case p.130
Kerajaan Malaysia vs Cheah Foong Chiew p 132
(Pure economic loss is irrecoverable – based on
Murphy)
Teh Khem On & Or v Yeoh & Wu Development Sdn
Bhd & Ors (pure economic loss is irrecoverable- no
direct contractual relationship)
Pure economic loss recoverable- Dr Abdul Hamid &
Anor v Jurusan Malaysia Consultants & Ors and
Steven Phoa Cheng Loon & 72 Ors v Highland Tower
Properties Sdn Bhd & 9 ors
16. NEGLIGENCE IN
CONSTRUCTION
POTENTIAL WRONGDOER!
CLIENT?…..
CONSULTANT/DESIGNER
CONTRACTOR/EMPLOYER
WORKERS
AUTHORITIES????….
TO WHOM?
PARTIES IN THE CONTRACT
PARTIES NOT IN THE
CONTRACT
17. CLIENTS
CONTRACTOR-
FAIL TO ENSURE
CONTRACTOR WORK
PROPERLY
DUTY ASSIGNED
THROUGH SO
DESIGNER
NEGLIGENCE BY
DESIGNER SHARED
BY CLIENT
SUB-CONTRACTOR?…
WORKERS – NOT
RESPONSIBLE
18. CONSULTANT- WHO?
NEGLIGENCE
ADVISE(MISSTATEMENT)
○ CHIN SIN MOTOR SDN BHD (P 123)
NEGLIGENT ACT
○ D & F Estates Ltd.. (P129)
○ Murphy vs Brentwood District Council
(p 130)
○ Kerajaan M’sia v Cheah Foong Chiew &
Ors (p132)
○ Teh Khem On & Anor v Yeoh& Wu
Development Sdn Bhd (p 133)
○ Dr Abdul Hamid Abdul Rashid –p134
19. NEGLIGENCE
ENGINEER - ARCHITECT
PRE-DESIGN
○ SI, SURVEY
DESIGN STAGE
○ DESIGN, CALCULATION AND UNTESTED MATERIAL
IN SERVICE
○ ADVISE, CONSENTS FROM AUTHORITIES
SUPERVISION
○ INADEQUATE ATTENDANCE, FAIL TO DETECT DEFECT
WORKS
21. NEGLIGENCE TO WORKERS
NEGLIGENCE BY WORKERS
(VICARIOUS LIABILITY
NEGLIGENCE DUE TO BREACH
OF STATUTORY DUTY – insurance,
SOSCO, OSHA
EMPLOYERS NEGLIGENCE
EMPLOYING WRONG WORKERS
FAIL TO ENSURE MACHINES ARE IN
GOOD CONDITION & SAFE
FAIL TO PROVIDE GOOD WORKING
ENVIRONMENT
22. OCCUPIER’S LIABILITY
OCCUPER –Tort
INVITEE – MOHD
SAINUDIN
○ CHONG FAH LIN V UEM
○ DOBB & CO V HEELA
LICENSEE – LIABLE
TRESPASSER – NOT
LIABLE
23. CONT’D
It does not impose any responsibilities
towards trespassers
although a special case would probably be
made if a child trespasser was injured due
to the contractor’s negligence, but this
cannot be turned the other way round,
permitting the builder to leave parts of his
site in a deliberately dangerous condition to
deter or trap trespassers.
24. WORKERS
NO – IF IT IS
ORIGINATED FROM
EMPLOYER’S
FAULT
YES – SHARE
SOME BURDENS IF
HE NEGLIGENTLY
PERFORM AN ACT
25. PROOF OF NEGLIGENCE
RES IPSA LOQUITOR
HOW AND WHY MAXIM APPLY?
○ THINGS THAT CAUSES DAMAGE UNDER THE CONTROL OF
DEFENDANT
○ WILL NOT HAPPEN IF ADEQUATE PRECAUTION TAKEN
○ CUAE OF ACCIDENT UNKNOWN
WHAT IS THE EFFECT?.
○ THE BURDEN OF PROOF SHIFT TO DEFENDANT
28. CASE HISTORY
HIGHLAND TOWER BLOCK 1
COLLAPSE OF A
14-STOREY CONDOMINIUM
BLOCK ON 11
DECEMBER,
1993 KILLING 48 PEOPLE
29. STRUCTURE OF BUILDING
CONSTRUCT BY
USING REINFORCED
CONCRETE COLUMNS,
BEAMS AND SLABS.
BUILDING SUPPORTED
BY RAIL
PILES
WITH EACH COLUMNS
BEING SUPPORTED IN
AT LEAST 2
TO 3 RAIL
PILES.
30. FINDINGS Collapse not due to natural disaster or act of God
Act of sabotage was also ruled out by the police
(no evidence of any explosive found)
No significant inadequacy in the design of the
super structure
Slope and rubble walls behind, and in front of
collapsed block were not properly designed and
supervised
Initial landslide of slope imposed additional
pressure in soil resulted in the failure of rail
piles foundation. (The design were never
intended to carry any lateral load)
32. PARTIES CONTRIBUTORY TO THE
COLLAPSE
A) Developer/owner of the condominiums
Fail to engage a qualified submitting person
Proceeding with construction work without
getting the required approval and without proper
supervision
Fail to implement and fully comply with the
drainage plans approved by Department of
Drainage and Irrigation (JPS)
Fail to carry out proper maintenance of surface
drainage behind condominiums
DEFENDANTS WERE:
33. B) Consultant Architect
Failed in his duty as a consultant & had also
refuse to comply with requirement impossed
by the authorities on drainage of the area.
C) Engineer
Signing the road and drainage plans for the
project though he did not design nor
supervise the construction
34. D) Neighbouring Property Owners
Development carried out on their properties had
resulted in changes to the direction of the
natural water path resulting in the concentration
of run-off water into the slope behind the
collapse block
E) Local Authority
Weakness in complying with enforcement of the
building by-laws due to lack of staff leading to
approval of plans & CF.
35.
36. Assignment 1
There are liabilities in construction practise that can be
demonstrated clearly in some cases. The liabilities include:
negligence as in Dr Abdul Hamid Abdul Rashid & Ors vs
Jurusan Malaysia Consultants and Mohd Sainuddin b. Ahmad
vs Consolidated Hotels Ltd & Anor,
trepasss as in Kwong Hing Realty Sdn Bhd vs Malaysia
Building Society Bhd (America International Assurance Co Ltd
nuisance and strict liability as in Wu Siew Ying vs Gunung
Tunggal Quarry & Construction Sdn Bhd & Ors and Ryland vs
Fletcher
Critically discuss the liabilities mentioned and how the
conflicts in relation to the liabilities are addressed and
resolved by the courts.