Syarikat Tiadapa Sdn. Bhd owns a large site on which stands factory premises built in the last century. The factory has been empty since Syarikat
Syarikat Tiadapa Sdn. Bhd owns a large site on which stands factory premises built in the last century. The factory has been empty since Syarikat Tiadapa Sdn. Bhd undertook a "rationalisation" exercise some five years ago and re-located production elsewhere. The company have had preliminary discussions with the local authority to whom they are hoping to sell the site for redevelopment as a science park. In order to assess its suitability for this purpose, the council instructs Tung Gul, one of its surveyors, to visit the site and make a detailed report. At the entrance to the factory, there was a prominent notice which read:
"Dangerous Premises. Entry at own risk. Trespassers will be prosecuted".
Tung Gul arrived at the factory accompanied by his six year old daughter, Nagawati, who was off school that day. While Tung Gul was making his inspection, Nagawati ran off to play elsewhere in the factory. She fell down a lift shaft, the door to which had been forced and left open by vandals, and was seriously injured. In the course of his inspection, Tung Gul sustained a broken leg when rotten floorboards collapsed under him.
Tung Gul seeks your advice as to how best he and his daughter might pursue claims for compensation.
(30 marks)
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