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whether they would be able to succeed in applying the principles of negligence to
Sunway University Business School Sample LAW1014 Final Examination
Question 5 25 Marks
Yasni and Zoe are university students. They attended a music festival organized by XS Sdn
Bhd (hereinafter referred to as ‘XS’). XS booked a local school with a large football field as
venue for the music festival. They erected a large tent in front of the stage to shade the
people attending the music festival. Due to the large crowd that had purchased tickets to
the festival, XS decided that there will be no chairs placed at the venue .They felt that
people could stand and watch. They did however provide straw mats for the first 200 people
who bought tickets as part of an early bird package.
At the start of the festival, it was estimated there were some 3000 people at the football
field. It was known to XS that the venue that the field and the tent could support
approximately 2000 people comfortably, but since it was a music festival, XS believed that it
was not necessary to take additional precautions with respect to the tent as well as crowd
control.
Yasni and Zoe were part of the first 200 people who bought the tickets and they received
the straw mats. On the day of the festival, Yasni and Zoe were early at the venue. They
found a place near the stage, laid their straw mats and sat down. During one of the
performance by a band at the festival, the supports for the tent came loose because it was
not fitted properly by the contractor hired by XS. As the tent collapsed, the crowd went into
a state of panic and people began to stampede attempting to escape the falling tent.
Those sitting on the ground, including Yasni and Zoe, suffered injuries due to people falling
unto them trying to escape the venue. Yasni suffered severe head and neck injuries as well
as injuries to his limbs. After the incident, he spent many months in the hospital and despite the
best efforts of the medical team at the hospital, he was paralyzed neck down.
Zoe died during the incident. She died as a result of people falling and stepping on her. The
post-mortem report from the hospital stated that her neck was broken during the stampede.
Yasni’s and Zoe’s family seek to make a claim in negligence against XS. Discuss
whether they would be able to succeed in applying the principles of negligence to
Sunway University Business School Sample LAW1014 Final Examination
5
their claim. Also, consider whether there would be any defenses that XS would be
able to rely on, in the event a claim could be made.
Question 6 25 Marks
Marcus was employed as a Client Account Manager at SDK Sdn Bhd as a Manager with a
monthly salary of RM5,500. He began work on 10th October 2012. SDK Sdn Bhd is an
investment company that deals with stock trading and unit trust. Marcus’ duties as am
employee included the handling of client funds for investments. The contract of employment
stipulated that,
Confidentiality
1.4 You are aware that in the course of your employment you will have access to
and be entrusted with information in respect of the business and finances of the
Company and its dealings, transactions, and affairs all of which information is or
may be confidential.
1.5 You will not (except as authorized or in the proper course of your duties) during
or after the period of your employment divulge to any person whatever or
otherwise, make use of (and will use your best endeavors to prevent the
publication or disclosure of) any trade secret or any confidential information
concerning the business or finances of the Company or any of its dealings,
transactions or affairs or any trade secret or any such confidential information
concerning any of its clients, suppliers, agents, distributors or customers.
On 16th June 2013, when the auditors for SDK Sdn Bhd found that there were
discrepancies within the client accounts handled by Marcus. They submitted a report to the
Directors of the Company that the amount invested by Marcus and the returns made were
not consistent with what the clients received under the investment. They also noted that
one particular client account handled by Marcus was making more than the investment
placed through the company. This person was revealed to be Marcus’ wife on further
investigation.
On 18 July 2013, Marcus was summarily dismissed from his employment at SDK Sdn Bhd
on the ground of misconduct in breach of clause 4.4 and 4.5 above found in his contract of
employment. Marcus was not given an opportunity to explain the discrepancy or why his
wife’s investment account with SDK Sdn Bhd earned more in returns than other accounts
that Marcus handled.
Marcus now seeks to take an action against the company for unfair dismissal. Advise
Marcus on whether he has a case for unfair dismissal and explain the process which
he may initiate under Malaysian Employment Law.
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