Question
Rachel had a friend, Celine, who was a successful young model. Celine planned to get married in December 2020. In October 2020, she signed up
Rachel had a friend, Celine, who was a successful young model. Celine planned to get married in December 2020. In October 2020, she signed up with a beauty salon, Slim and Stylish Sdn Bhd (the Company) for a liposuction surgery of her arms, in preparation for her wedding. (Note: a liposuction surgery is a procedure to reduce fat). Celine had found the Company from an Internet search, and paid RM2,500 for the surgical procedure. On the day of the procedure, Celine received an anesthetic injection upon arriving at the Companys beauty salon. Celine lost consciousness soon after. The aesthetic doctor who was doing the procedure became flustered. Rachel, who had accompanied Celine, immediately called an ambulance to rush Celine to the hospital. However, Celine was unable to be resuscitated and she was pronounced dead soon after. When investigated by the police, the Managing Director of the Company revealed that the beauty salon did not have an aesthetic clinic licence. The place was operating under an ordinary beauty salon licence. The Companys business was registered as a beauty product wholesaler by the Companies Commission of Malaysia (SSM). As such, it would appear that the Company had done beauty and cosmetic procedures illegally. Meanwhile, the aesthetic doctor who performed the operation did not have a professional aesthetic medical licence to conduct any invasive cosmetic procedures. Rachel was of the opinion that the estate of Celine may claim from the Company, damages for Celines demise. The Company meanwhile argued that Celine had been clearly informed that the aesthetic doctor was not a professional, but that Celine had chosen to continue with the procedure.Discuss whether the estate of Celine may claim damages from the Company Slim and Stylish Sdn Bhd.
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