Just sharing a few short notes that I made based on references. Correct me if you found anything wrong.
Negligence in Inns
to prove negligence:
Duty of care – by defendant
owes duty for people who would foreseeably be injured by one’s action
cannot foresee injury, it does not owe any duty even someone is injured
of Care Towards a Child Guest
when young children involved.
v. Duke Corp – Emily walked into glass panel and suffered injuries. The court
held that the defendant failed to construct guards around.
is the practice of Malaysian innkeepers to exhibit exclusion clauses such as,
There is no life guard service etc.
clauses if valid would exempt the innkeepers not only from strict liability but
also total liability even though the employees may be negligent, causing injury
of child visitors
clauses – adopt normal rules of construction of contracts in declaring
clauses is not effective if not brought to the notice of the contacting parties
before or at the time the contract is made and the contracting parties would be
deemed to have known it if the exemption clauses were printed in the tickets or
in the contract as illustrated in Malaysian Airline System Bhd v Malini Nathan
matter how wide a clause is, it cannot exclude liability if there is negligence
53, Consumer Protection Act 1999 -implied guarantee of reasonable care and skill in the supply of services