Mr Lambart works as a rubber tapper and in certain situations, he is required to fed rubber into a machine with an assistant of a co-worker. Mr Lambart is paid a monthly salary of RM2500.00 by Ching Rubber Sdn. Bhd. On 16^th June 2021, Mr Lambart was assigned to clean the floor of the factory. While cleaning, he saw a few new machines arrived. Upon completing his task, he went to check the new machines. It was lunch hour, so, nobody was there to assist him. He operates one of the machine alone. He had sustained an injury when he fed rubber into the machine.

Based on the above situation, discuss the followings issues with reference to the law of tort and relevant case law (if any):

1. Explain the requirements to be established before any person can bring a legal suit for negligence. Give example of case law to illustrate the requirements.

(5 marks)

Discuss whether Lambart has rights to claim against Ching Rubber Sdn Bhd for his injury sustained at the factory under the law of torts.