Support your answer with relevant case law or example where appropriate.

QUESTION 1

Yusuf was contacted by Nuh who asked for his assistance to because Nuh's car ran out of petrol and he is now stranded on DUKE highway. Yusuf went to a petrol station, filled up two empty bottles with fuel and placed the bottles in the car boot. As Yusuf was driving along DUKE highway, a lorry driven by Alma suddenly swerved towards Yusufs side of the road and hit Yusufs car. Yusuf lost control of the car and ran into the highway concrete divider. A fire started from the engine of the car. Luckily Yusuf was rescued by a passing highway patrol crew but nonetheless he suffered serious burns and other injuries. Alma, who works as a lorry driver for Syarikat Hebat Sdn. Bhd admitted that he drove recklessly as he was falling asleep due to his long driving journey and back-to-back schedule. However, he denied liability arguing that the serious injuries suffered by Yusuf were due to the fire sparked by the petrol in the bottles at the time of the accident. Alma claims that if Yusuf had not been carrying the petrol, he would only suffer minor injuries.

Discuss:

1. whether Yusuf could successfully sue Alma for negligence and make Alma liable for all the injuries he suffered.

b. whether there is any possibility for Yusuf to claim for damages from Syarikat Hebat Sdn. Bhd. for the act of Alma.