Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi

The case of Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee & Ors[ would have gone largely unnoticed as a routine appeal on the duties owed by a landlord to lawful visitors of his/her tenant if one had not taken note of one of the submissions put forward for consideration before the High Court....

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Main Author:	Irwin, Uj Ooi
Format:	Article
Language:	English
Published:	Faculty of Administratron and Law 2004
Subjects:	Landlord and peasant Comparative law. International uniform Law
Online Access:	http://ir.uitm.edu.my/id/eprint/11828/ http://ir.uitm.edu.my/id/eprint/11828/1/AJ_IRWIN%20UJ%20OOI%20LAW%2004.pdf

id	uitm-11828
recordtype	eprints
spelling	uitm-118282020-02-06T05:56:32Z http://ir.uitm.edu.my/id/eprint/11828/ Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi Irwin, Uj Ooi Landlord and peasant Comparative law. International uniform Law The case of Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee & Ors[ would have gone largely unnoticed as a routine appeal on the duties owed by a landlord to lawful visitors of his/her tenant if one had not taken note of one of the submissions put forward for consideration before the High Court. The fact that this submission was actually made by counsel was due either to an ignorance of one of the fundamentals of the law on negligence, or a very audacious attempt at changing the law that has stood since Donoghue v Stevenson.1 Ever since the groundbreaking efforts of Lord Atkin and the majority of the House of Lords3 more than 70 years ago, there was no requirement in negligence that a claimant had to have a pre-existing contractual relationship with the defendant to establish a duty of care. The High Court's application of an even older English authority opened up the possibility of a revival of the pre-Donoghue common law position in Malaysian law. The Court of Appeal consisting of Gopal Sri Ram JCA, Abdul Kadir Sulaiman JCA and Alauddin JCA in Sri Inai (Pulau Pinang) Sdn Bhd was therefore presented with an opportunity to either reaffirm the well-established rule in Donoghue or regressing to the dark ages of the common law. Faculty of Administratron and Law 2004 Article PeerReviewed text en http://ir.uitm.edu.my/id/eprint/11828/1/AJ_IRWIN%20UJ%20OOI%20LAW%2004.pdf Irwin, Uj Ooi (2004) Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi. UiTM Law Review, 2. pp. 235-253. ISSN 1511-9068
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Teknologi MARA
building	UiTM Institutional Repository
collection	Online Access
language	English
topic	Landlord and peasant Comparative law. International uniform Law
spellingShingle	Landlord and peasant Comparative law. International uniform Law Irwin, Uj Ooi Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
description	The case of Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee & Ors[ would have gone largely unnoticed as a routine appeal on the duties owed by a landlord to lawful visitors of his/her tenant if one had not taken note of one of the submissions put forward for consideration before the High Court. The fact that this submission was actually made by counsel was due either to an ignorance of one of the fundamentals of the law on negligence, or a very audacious attempt at changing the law that has stood since Donoghue v Stevenson.1 Ever since the groundbreaking efforts of Lord Atkin and the majority of the House of Lords3 more than 70 years ago, there was no requirement in negligence that a claimant had to have a pre-existing contractual relationship with the defendant to establish a duty of care. The High Court's application of an even older English authority opened up the possibility of a revival of the pre-Donoghue common law position in Malaysian law. The Court of Appeal consisting of Gopal Sri Ram JCA, Abdul Kadir Sulaiman JCA and Alauddin JCA in Sri Inai (Pulau Pinang) Sdn Bhd was therefore presented with an opportunity to either reaffirm the well-established rule in Donoghue or regressing to the dark ages of the common law.
format	Article
author	Irwin, Uj Ooi
author_facet	Irwin, Uj Ooi
author_sort	Irwin, Uj Ooi
title	Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
title_short	Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
title_full	Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
title_fullStr	Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
title_full_unstemmed	Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi
title_sort	case commentary sri inai (pulau pinang) sdn bhd v yong yit swee : the duty of care owed by a landlord to the lawful visitors of a tenant / dr. irwin uj ooi
publisher	Faculty of Administratron and Law
publishDate	2004
url	http://ir.uitm.edu.my/id/eprint/11828/ http://ir.uitm.edu.my/id/eprint/11828/1/AJ_IRWIN%20UJ%20OOI%20LAW%2004.pdf
first_indexed	2023-09-18T22:48:37Z
last_indexed	2023-09-18T22:48:37Z
_version_	1777417393065164800

Case commentary Sri Inai (Pulau Pinang) Sdn Bhd v Yong Yit Swee : the duty of care owed by a landlord to the lawful visitors of a tenant / Dr. Irwin Uj Ooi

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