Tuto Negligence
Tuto Negligence
Tuto Negligence
NEGLIGENCE
QUESTION 1
Vee went to Tasty Restaurant and bought a cheeseburger. She opened the
wrapper of the cheeseburger and took a bite of it. As she was putting the
cheeseburger on her plate she saw a dead cockroach inside the cheeseburger.
She immediately left the restaurant. Soon after that Vee felt ill. She vomited
and had diarrhea. Advise Vee on her legal action against Tasty Restaurant under
the law of Tort.
QUESTION 2
Aini was driving her new car when it knocked into Hassan, a pedestrian, who
was walking across the road. Hassan could have easily seen Ainis car
approaching. Aini saw Hassan walking across the road but she was so excited
over her new car that she forgot to step on her brakes. Neither Aini nor Hassan
took any evasive action. Imagine that you are the judge in this case. How would
you decide?
QUESTION 3
Ahmad, a lorry driver for Big Machine Sdn Bhd was instructed to deliver some
materials. In the middle of the journey, the hydraulic brakes on the lorry failed
when it was travelling downhill. Ahmad lost control and as a result hit Jamil who
was standing by the roadside. Jamil suffered serious injury and was taken to the
hospital. After further inspections it was discovered that the brake failure was
caused by corrosion on the brake pipe. Jamil who lost his leg due to the
accident wishes to take legal action against Big Machine Sdn Bhd. Advise Jamil.
QUESTION 4
Mila had a caesarean operation at lltizam Maternity Hospital when she gave
birth to her first son three years ago. Since then she has felt pain in her
womb and it has worsened recently. When a scan was done, the doctor
detected an anomaly. A second operation was done and doctors found a
cotton swab left in her womb. The lltizam Maternity Hospital said that it was
not their fault and they did not know how it happened.
Advise Mila on the possible cause of action that can be taken against the
lltizam Maternity Hospital.
QUESTION5
Dave, who was delivering furniture to his customer's house, left his dog in his
car with the window down. A group of mischievous boys were playing nearby
and one of them threw stones at the dog. This enraged the dog and it
jumped out of the open window and chased the boys. They ran and one of
the boys, Sam, fell and broke his ankle. Mike who is Sam's father now wants
to sue Dave.
Advise Mike.
QUESTION 6
Effa, a veteran actress, wants to obtain a youthful appearance to maintain
her career. Therefore, she went to the Magic Beauty Salon for consultation
and she was advised to go for a botox treatment in order to obtain a youthful
look. Effa agreed and the next day she got the treatment. Before the
treatment was done, the trainee beauty therapist, Miss Lim, forgot to ask
Effa whether she is allergic to Botox, although her instructor had always
reminded her to ask the patients that important question. In fact, Effa is
actually allergic to Botox. One week later, Effa suffered rashes on her face
and instead of making her look younger, the treatment made her look older
because the allergic reaction made her face wrinkled even more. Advise Effa
whether she has any cause of action against Magic Beauty Salon.
QUESTION 7
Ashraf received a new bicycle on his ninth birthday. Happy and excited, he
rode his bicycle with his brother around their neighbourhood. Unfortunately,
he rode into a trench dug by a
contractor who was working to replace water pipes in that area. Ashraf
sustained some injuries and had to be helped out from the trench. Advise
Ashrafs father on his cause of action, if any, against the contractor.
QUESTION 8
Gee Mok a saloon owner, bought a slimming product called "Dream Come
True" from Cantik Badan Enterprise, a company well-known for herbal
product. Before selling it, she. tried it herself. Three days after using the
product, Gee Mok suffered stomach ache and vomiting. She was taken to the
hospital by her assistant. The hospital authority confirmed that Gee Mok's
illness was caused by the product. Gee Mok was warded in hospital for 10
days. Dr Ali informed Gee Mok that the chemical used in the product had
caused accessive damage to her liver. Advise Gee Mok whether she has any
cause of action against Cantik Badan Enterprise.