Last semester break, Fuhad went to Suria Resort for a team building programme. Suria

Resort is a well-known resort for fun, adventurous and extreme activities. The team building

programme is an activity organized by the management of Suria Resort to groups of

students, professionals and corporations.

On the second night, the participants were scheduled for a Night Owl activity which required

the participant to walk a trail at night without any torch light. Handphones were also

confiscated during the activity. All participants, including Fuhad were given a briefing the

evening before. A committee shall be placed along the trail and nearby bushes to monitor

the programme as well as for assistance.

While walking along the trail, Fuhad tried as hard as he could to stick to the trail according to

the briefing. Fuhad noticed his feet were descending and the soil beneath became mushy

and muddy. He realized that he was no longer following the trail. Fuhad tried to return to

where he came from but he could not see any light, not even a moonlight to guide his path.

Fuhad tried to call any of the nearby committees for help but no one seemed to hear him.

Fuhad fell into a hole. He was stuck in the hole for two hours until he was found by a

patrolling committee. Fuhad later discovered that the committees forgot to cover the hole

which was used for a combat activity the night before.

Fuhad suffered some bruises on his arms and knees as well as nervous shock. Fuhad was

not happy with the carelessness of Suria Resort's management.

Advise Fuhad as to his possibility to claim negligence against Suria Resort according to

principle of tort of negligence.

(20 marks)