RvF & other liabilities

ryland v fletcher

P has to establish

1) D stored/accumulated dangerous thing

2) dangerous thing escaped

3) storing/accumulating of dangerous thing is non-natural use of the land

4) it caused damage to P's ppty - subject to wagon mound

( in the law of torts by prof dr.norchaya talib, P can also claim for injuries )

cases

Seong fatt sawmills bhd v dunlop malaysia industries sdn bhd - excavation works, rain, flood, p goods destroyed, FC held D, negligence, nuisance, and even RvF

Abdul rahman bin che ngah & ors v Puteh bin Samat -

BOP

same

defense

1) consent of P 2) common benefit

3) act of 3 party - out of D's control 4) act of god

5) P's own fault caused the dmg

6) statutory authority - imposed D to accumulate

Liability for loss of consortium and loss of services

main case: bas mini muhibbah sdn bhd v abdullah b salim allow LOC and it is seperate claim from the injured spouse

*btw LOC had been abolished in common law

LOS: P cannot perform house choir anymore, loss of service may be claim - Pengarah institut penyelidikan perubatan & anor v Intra Devi & anor

liability for ppty dmg

P has cause of action as negligent act by d has caused

a) loss or dmg to personal effects

b) to motor vehicle

c) to immovable/movable ppty

value claim is 1:1 no extra

vicarious liability

vicariously liable if there is relationship between employer employee and the employee committed the tort

Union insurance (m) sdn bhd v chan you young