NAME: TEE JIA YI, KELLY

STUDENT ID: 18020024

DATE: 3/11/2018

SUBJECT: INTRODUCTION TO LAW

Tutorial: Occupier’s Liability

Question:

The Law Society of University Mega (LWUM) organized a dance for its members at Isadora’s, a local
nightclub in Kuala Lumpur. On the night of the dance, the management of Isadora’s was still in the
process of installing a new lighting system by Flashers Berhad, an electrical contractor. A notice was
placed at the entrance of the club which reads: ‘Beware. Electrical Works in Progress.’ Mawit and
Bobi, two members of the LWUM, and Katie, Bobi’s 15 year-old-girlfriend, attended the dance and
were admitted on producing tickets which stated, ‘Valid to LWUM members only’. Mawit was
injured when he tripped over a wooden barricade left by Flashers Berhad in the dimly lit foyer. Bobi
was injured when a revolving light fell on his head as he was dancing. Katie, who went looking for a
toilet through a door marked ‘Private’ was electrocuted when she accidentally touched some bare
electrical wires left by Flashers Berhad when searching for the light switch.

Discuss the tortious liability of the parties, if any, arising under these circumstances.

Answer:

The issue is whether Bobi is liable to sue Isadora’s nightclub for tortious liability.

The law applicable is duty of care under occupier’s liability for Bobi’ s case, that defines a
liability of an occupier to entrant who suffered injury on his premises. Duty of care to invitees where
can be defined as occupier owes duty to take reasonable care to prevent injury form unusual danger
of which he knows or ought to know and invitees do not know. Elements of duty of care that need to
be fulfilled by occupier towards invitee is occupier in knowing or ought to know, danger is unusual,
danger is not known to invites, occupier fails to take reasonable precaution. Refer to the case
Takong Tabari v Government of Sarawak, plaintiff was suffered injury to explosion and fire from gas
leak from the gas pipe in Public bank and the gas pipe was maintained by PWD. According to the
court held Public bank as an occupier is knowing or ought to know that danger is unusual and not
known to plaintiff, but fails to take reasonable precaution to avoid harm.

With reference to duty of care to invitees, Isadora’s nightclub owes duty to take reasonable
care to prevent injury from unusual danger. Bobi was injured while he was dancing and suddenly a
revolving light fell on his head and Isadora’s night club fails to take reasonable precaution to make
announcement to Bobi for the unusual danger.

In conclusion, Bobi can sue Isadora’s night club for the breach of duty of care under
occupiers’ liability.