David always parked his car in a car park when he worked in Johor Bahru City Square. The car park was operated by a company namely Safe Parking Sdn Bhd. On the entry to the car park just in front of the auto pay machine, there is a large sign in red paint which states as follows :

 

“This building may be dangerous. You use the facilities strictly at your own risk and Safe Parking Sdn Bhd accepts no liability whatsoever for any damage or injury

suffered by you or your vehicle/property due to the use of this facility, no matter how it is caused.” (the “Exclusion Clause”)

 

David was fully aware of this sign, but he had never paid much attention to it. However, on 1 February 2011, when he returned to his car, he found out that his car had been badly damaged by a towing vehicle driven by an employee of Safe Parking Sdn Bhd. He was very angry and wanted to complain the incident to the car park office. On his way to the car park office, he was hit by the same towing vehicle which was clearly driven dangerously by an employee of Safe Parking Sdn Bhd. As a result, not only his car severely damaged, David also suffered a broken leg and was not able to work for 6 weeks. David wants to sue Safe Parking Sdn Bhd for the loss but Safe Parking Sdn Bhd defended themselves citing the conditions on the entrance sign.

 

Discuss if Safe Parking Sdn Bhd will be able to rely on the conditions on the sign to escape being liable to David who intends to take legal action against them.

 

Marking Rubric Criteria:

-Identify the legal issue/s;

-State the applicable laws. This includes citing provisions of statutes and case laws.

-Apply and discuss the law to the facts.