Tutorial 9: Law of Tort

Question 1 Ivan went to Pulau Langkawi during his vacation with his friend and it was his first time checking into Ballibest Hotel. While hanging his clothes into the wardrobe, one of the loose shelf from the top of the wardrobe crashed onto Ivan's forehead leaving a deep scar that requires 6 inches stiches at a private hospital. Apparently, the hotel did not repair the shelf despite complaints from guests for the past two months. Despite the injury, Ivan could not go to work for two weeks and his condition worsened because he did not clean the wound regularly. He was hospitalized subsequently and now the doctor advices him to go for a plastic surgery to get rid of the scar. Advise Ivan on his rights under the law of tort.

Question 2 Scott a farmer, hired out his farm to Ringo's Carnival Sdn Bhd, to hold a funfair. Among many rides and other attractions, Ringo's Carnival Sdn Bhd set up a roller coaster. Angela came to the funfair. She wanted to go on the roller coaster. She paid for a ride on the roller coaster. There was a sign at the payment counter that read "all patrons must fasten their seat belts immediately upon sitting down". Everyone on the roller coaster fasten their seat belts except for Angela. Once the roller coaster started, Angela lost her balance when it started moving up and fell on the ground injuring herself. Advise Angela if she is to legal actions against Scot or Ringo's Carnival Sdn Bhd or both for negligence and if they have any defences for her claims.