Flussdiagramm
nuisance and occupiers liability
Inhalt des Flussdiagramms
Liability in nuisance
Cases
to liable, establish
1) act interfere with use and enjoyment of a part of society/land
2) P suffered special damage as result
3) D known or presumed to, of the nuisance but allowed it to continue
place steel pipes at roadside - Lim kar bee v Abdul latif b Ismail
excavating near p's house - wisma punca emas sdn bhd v Dr Donal
Clearing and levelling land above P's propety - Steven Phoa Cheng Loon & Ors v Highland Properties sdn bhd & Ors
leaving vehicle middle of the road...
causation
follow The Wagon Mound - remoteness, reasonable man would foresee
defense
1) easement
2) statutory authority empowers D to do so
3) necessity 4) Consent of P
5) contributory Negligence
Liability in Industrial accident
P have to show to work in factory defined in Factories and machinery Act 1967
and D owner/occupier
hasn't provide safe place for P o work
Factories and machinery Act 1967
refer general papers q&a page 62
cases
datuk bandar dewan bandaraya kuala lumpur v Ong kok Peng - lift rosak, no warning signs, no baricade, P injured, D owed DOC and also under FMA 1967 fail to maintain lift and cannot escape liability by simply delegating it to 3rd party
Mohd sainudin bin ahmad v consolidated hotels ltd & anor - owner of site is not the occupiers, the main contractors are, P's claim dismissed
Liang Jee Keng v Yik Kee Restaurant - SOCSO
Defense
1) volenti non fit injuria
2) D put up sufficient warning or notice
3) contributory negligence
4) s.31 SOCSO act 1969 5) exclusion clause
Occupiers Liability
for D liable under OL, following Wheat v Lacon & co Ltd, P has to establish that...
D is occupier of premises, cause D is in possession or has control of the premises
P entered premises as
a) paying guest
b) invitee c) licensee
d) trespasser
D owed DOC to entrees
if P is paying guest, highest DOC
D breached DOC
damage not too remote - Wagon Mound
cases
datuk bandar dewan bandarya KL v Ong Kok Peng - mentioned above
sri inai sdn bhd v yong yit swee & ors - school and local council both liable for inadequate exits
Takong Tabari v Govt of Sarawak & ors - gas explode, bank and govt. or srwk (public work department) both liable as Bank were occupiers owed DOC, govt. of srwk breached DOC by not testing gas leakage, ratio is 90:10
lew thai v chai yee chong - OMISSION to instruct worker stop working during heavy rain and suffered injuries, D held liable
BOP
same old tan ah kau vs govt of malaysia, P bear BOP of balance of probabilities, P may also raise res ipsa liquitor tender docs....(refer Motor accident)
Defense
1) volenti non fit injuria 2) warning and barriers
3) cont. neg. 4) exclusion clause
Informationen
- Beschreibung
- CLP tort law (cause of action) Flussdiagramm am nuisance and occupiers liability, erstellt von cheng ping ng am 18/04/2019.
- Erstellt von
- cheng ping ng
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