Question
Jana Wira Security Sdn. Bhd. has been contracted to provide 24 hours' security service for Long Success Private School for the past 10 years. One
Jana Wira Security Sdn. Bhd. has been contracted to provide 24 hours' security service for Long Success Private School for the past 10 years. One night, the school building was on fire and burnt down to the ground. Long Success Private School accused Jana Wira Security Sdn. Bhd. of breaching the terms of the contract due to the negligence of their personnel in charge at that material time for not calling the BOMBA immediately but instead trying to put down the fire by themselves. Jana Wira Security Sdn. Bhd. argued that it was never mentioned in the contract that calling BOMBA was part and parcel of their job description in providing security services and that they were protected by the exemption clause in the contract that provides that they will not be liable for any losses suffered by the private school should there be any unfortunate events happening while the school was in their care. Advise the Long Success Private School based on Contract Act 1950 and decided cases.
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