Paper instructions:

3. Tortious action in construction includes negligence, trespassing, nuisance, vicarious liability, breach of statutory duty and strict liability under Rylands v Fletcher Discuss how the basic principle of tort can be applied to following situations. [42 marks] You may support your discussion with relevant case judgments, if any: – a) Cube Construction Sdn. Bhd. (CCSB) had engaged CW Piping to carry out the open-trench pipe laying work and in turn CW Piping subcontracted the work to TL Piping. One night, TL Piping was laying water pipes beside a road at night but had to stop work because of heavy rain. Due to TL Piping indifferent attitude, the trench was left opened, unprotected and unlighted. Ben who was having few alcoholic drinks with his friends till late night decided to drive home and along the way his speeding car plunged into the trench. As a result, Ben suffered serious injuries and his car was badly damaged. Ben decides to sue CCSB for negligence as he had suffered property damage and injury because of the incident. Advise Ben and what defenses are available to CCSB. b) Roger, the house owner hired Bena Builder for adding rooms to his existing house. Bena Builder had ordered his workmen not to carry out construction works such as handling debris or to use powered mechanical equipment such as electric breaker during restricted hours at night. However, the ongoing renovation work still emitted audible noise during daytime. This did not affect Roger’s neighbor, Bill, who is deaf due to his existing condition but Bill’s cousin, Tess who visited Bill, was very irritated by the excessive noise and was frightened by the loud talking of the workmen. Tess would like to get her cousin to take action against Roger for such noisy environment. Advise Tess. c) Cube Construction Sdn. Bhd. (CCSB) is the Main Contractor for an 18- storey hotel in the Perai Jaya Town centre. During the erection of formwork at level 10, one of the formwork suddenly fell down and smashed a car parked below owned by a salesman and at the same time the salesman was injured. Coincidently, at that time, Ivan was walking nearby and was returning from a clinic after seeking treatment for his heart condition and witnessed this accident and suddenly suffered a mild heart attack from the shock created. Advise the salesman and Ivan whether they can sue CCSB for the property damage, injury suffered and the mild heart attack.

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