The local city council hired a road construction firm to repair the main road

along Jalan Bangsar, Kuala Lumpur. The road construction firm's name is

Builder Sdn Bhd. Builder Sdn Bhd needed to repair the broken and buried

pipes in the road pavement; so it instructed its engineer Mr Tool to

supervise workers at the site. Mr Tool instructed the workers to dig a

manhole to access the pipes. He then told the workers to cover the manhole

with a small plastic tent and placed a rod with a red flag on the tent.

Yesterday , it was raining heavily and a young lady who worked in a nearby

office, named Ani ran into the small tent for shelter. She then fell into the

manhole and broke her leg.

a) Ani wishes to sue for Negligence...explain the elements of Negligence

present in this situation?

(b)(i) What is the legal relationship between the local City Council with Builder

Sdn Bhd; and Builder Sdn Bhd with Mr Tool?

(ii) Is there any legal defence for Negligence in this situation; and which party

should pay the medical expenses for Ani's broken leg and why?