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The Negligence of the 3 firms (3 Elements of Negligence (Duty of Care…
The Negligence of the 3 firms
3 Elements of Negligence
Duty of Care
Duty of care imposed on Air Liquide Singapore (ALS), Mechlink Quality Management and J-Quest Engineering & Trading to take reasonable care when installing and maintaining the pipelines.
Breach of Duty
The 3 firms have breached their duty of care as there were no awareness of the employees to double check the pipelines and see if all the pipelines are safe and working well.
Damage was caused by breach
If not for the 3 firms' carelessness, the fire would not have happened.
3 Defences
Volenti non fit injuria
NUS knows about the risks as there are many labs in their huge campus, the labs can catch fire easily. Since NUS is aware and gave permission to the 3 firms to carry on with their tasks, volenti non-fit injuria is applicable.
Ex Turpi causa non oritur actio
The 3 firms and NUS were not engaged in any illegal or criminal activities.
Contributory Negligence
NUS was aware of the silane gas not being switched off but they did nothing to it.
Remedies
Damages
NUS sued the 3 defendants for $55.3 million.
Injunction/Specific Performance
For specific performance, NUS can request the court to give an order to the 3 firms to provide NUS with free gas specialist inspection once every 3 months.
Vicarious Liability
NUS has vicarious liability for hiring firms that do not perform up to standards. The 3 firms also have vicarious liability as they are responsible for employing unprofessional employees to maintain the pipelines in NUS.
Primary Liability
Primary liability is to the 3 firms’ employees who were working on the gas pipes