QUESTION 4 (25 MARKS) SHAH ALAM, 27 May: The High Court here today found a superstore proprietor liable for an incident that resulted in a company executive becoming paralysed below the waist. Judge Wong Ken Kheong also held Mydin Mohamed Holdings Bhd responsible for causing emotional trauma to the victim's wife although she escaped with slight injuries. "I find the plaintiffs have proven their case on the balance of probabilities and the defendant is 100% liable for the incident," the judge said in his oral ruling this evening. Wong said he would determine the quantum of damages for Asri Ismail and Salila Abdul Kadir on July 18. Asri, who was driving a car with Salila in the front passenger seat, was looking for a parking lot at the Mydin outlet in Subang Jaya on Nov 15, 2016 when the incident happened. In their statement of claim, they said a heavy concrete slab fell on the car. Asri, 55, sustained serious injuries, including to his spinal cord, while Salila, 51, was traumatised. The couple, represented by S Preakash and B Sachinanthan, said the defendant was negligent in their failure to ensure their premises were safe for visitors and shoppers. They filed a RM8 million claim in September 2017 for loss of income as a result of Asri's physical disability and the need for constant nursing care. Wong also dismissed a counter-claim by Mydin against the couple, stating that the company did not adduce sufficient evidence to prove its contention. Mydin had said the couple were not alert to prevent the accident and the mishap was an act of God. Retrieved from freemalaysiatoday.com.my in 2019 Based on the newspaper article mentioned, explain in details the requirements of negligence and contributory negligence under the law of Tort. In the course of your answer, discuss the article and state your opinion whether justice has been served in above situation. Support your answer with decided cases (if any). (25 marks) QUESTION 4 (25 MARKS) SHAH ALAM, 27 May: The High Court here today found a superstore proprietor liable for an incident that resulted in a company executive becoming paralysed below the waist. Judge Wong Ken Kheong also held Mydin Mohamed Holdings Bhd responsible for causing emotional trauma to the victim's wife although she escaped with slight injuries. "I find the plaintiffs have proven their case on the balance of probabilities and the defendant is 100% liable for the incident," the judge said in his oral ruling this evening. Wong said he would determine the quantum of damages for Asri Ismail and Salila Abdul Kadir on July 18. Asri, who was driving a car with Salila in the front passenger seat, was looking for a parking lot at the Mydin outlet in Subang Jaya on Nov 15, 2016 when the incident happened. In their statement of claim, they said a heavy concrete slab fell on the car. Asri, 55, sustained serious injuries, including to his spinal cord, while Salila, 51, was traumatised. The couple, represented by S Preakash and B Sachinanthan, said the defendant was negligent in their failure to ensure their premises were safe for visitors and shoppers. They filed a RM8 million claim in September 2017 for loss of income as a result of Asri's physical disability and the need for constant nursing care. Wong also dismissed a counter-claim by Mydin against the couple, stating that the company did not adduce sufficient evidence to prove its contention. Mydin had said the couple were not alert to prevent the accident and the mishap was an act of God. Retrieved from freemalaysiatoday.com.my in 2019 Based on the newspaper article mentioned, explain in details the requirements of negligence and contributory negligence under the law of Tort. In the course of your answer, discuss the article and state your opinion whether justice has been served in above situation. Support your answer with decided cases (if any). (25 marks)
