CASE STUDY

Jack, Morgan, and Khoo are international students studying at Victory University in Johor Bahru, undertaking the program of Hospitality and Tourism Diploma. During the holiday period, they decided to travel to Pulau Langkawi, Kedah, to experience some water sporting adventures, which lead them to look for available flight options. As it was the peak period, they did not manage to get a direct flight hence they choose to amend their trip, which starts with a flight trip to Kuala Lumpur from Johor Bharu.

In Kuala Lumpur, they hired a campervan and first headed to Pangkor Recreational Park, Perak as their first destination of many before they reach Langkawi. Since the park is famous for its waterfall and recreational activities, it dawned on them that it will be best for them to stay at the park for 2 days to enjoy its perks.

As there was a badminton court in the recreational center at the park, they chose to have a friendly badminton game among themselves. However, that ended badly as Khoo got injured, by fracturing his right arm, as his move to celebrate his winning shot led to his foot being caught in a hole in the net that led caused him to tumble, thus fracturing his arm.

A spectating bystander came to their aid and help Khoo up while mentioning that the opening in the net has been for some time despite several grievances have that been lodged with the city council. Thus, Khoo vacation came to an abrupt end as he was brought to Tanjung Rambutan Hospital and was awarded in the emergency clinic for the remaining 5 days.

Meanwhile, Jack and Morgan who went out for their lunch, had a considerable amount of liquor unexpectedly as it was offered and sold in the cafe. After lunch, they had a stop at the cliff's sightings near to their campervan, because Jack wanted to have some pictures captured with the scenery. Unfortunately, due to being heavily drunk, both of them failed to see a warning signboard that was placed nearby the cliff, and remorsefully, due to the instability of the rocks, Morgan fell down the cliff. He ended up being permanently confined to a wheelchair as his injuries were very severe.

Being all alone now, Jack felt terribly depressed hence decided to cheer himself by relaxing at the waterfall in the park. Unforeseen and unfortunately, as he was body surfing between the flags, somewhat 40-50 metered from the waterfall, he was hit by a fiberglass surfboard on his neck. In the end, he was also hospitalized for the remaining 10days and needed intensive physiotherapy. Thus was the nightmarish holiday experience of Jack, Morgan, and Khoo.

QUESTION

Advice Jack, Morgan, and Khoo with respect to the below issues. Remember that there will be two parties in potential court cases and the defendant may raise defence if it is available for them.

a) Khoo wishes to sue the Pangkor Recreational Park for his injuries.

b) Advise Morgan as he is unsure which party to sue.

c) Jack wishes to sue the local council for the cost of his physiotherapy.