Question 3

Billy went to Petronas Twin Tower, Kuala Lumpur to do some shopping. He took the LRT and disembarked at the LRT station across the road. While walking, he was checking his Facebook and Instagram posts. He did not see Jim cycling towards him, and they collided. Billy stumbled from the pavement and fell onto the road. Concomitantly, Maxi was driving her car along the same route. She was running late for her appointment with an important client. As she reached for her phone in her handbag, she took her eyes off the road. In that instant, she collided with Billy. The impact of her car on Billy killed him instantly. Billy's family now seeks to bring negligence against Maxi and Jim.

(a) Assume that both Jim and Maxi owe Billy a duty of care. Discuss whether they have breached their duty of care to Billy, referring to relevant cases recognized under Malaysian Law. (20 marks)

(b) Apply the rules of causation and explain your finding of who should be liable for Billy's death. Your answer MUST refer to caselaw recognized under Malaysian law. (20 marks)