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Message: <blockquote data-quote="solo" data-source="post: 447536" data-attributes="member: 18358">In Parimala a/p Muthusamy & Ors v. Projek Lebuhraya Utara Selatan [1997] 5 MLJ 4 & 8 at p.500:       "...the moment a ticket is extracted at the toll gate, as in this case, and the highway is used, a contract is thus struck between the parties, making the plaintiff a lawful user of the road (Bromley v Marcer [1922])."Also:- "D was the highway authority responsible for the construction, maintenance, management and safety of the North-South Highway. P were travelling in a car driven by the deceased when it hit a stray cow which had found its way onto the highway through a breach in the fencing system.The court reiterated the principle that “a person can claim in nuisance if his right of free passage or some rights connected to it have been interfered with”. It could not be ascertained that D knew or could be said to presume to know that at the relevant time a breach of the fence had occurred, or that a cow was strolling on the highway. Consequently, D could not be said to continue the nuisance since its foreknowledge was not conclusive."And for everyone's information, this also applies to parking in paid carparks. Management cannot absolve themselves of responsibility of taking care of your vehicle, no matter what disclaimers they print such as "Park at your own risk".There was the case of John Heah vs Timur Car Park Sdn Bhd. See:- <a href="http://thestar.com.my/news/story.asp?file=/2009/4/25/nation/3772390&sec=nation" target="_blank">http://thestar.com.my/news/story.asp?file=/2009/4/25/nation/3772390&sec=nation</a>, and <a href="http://www.mmail.com.my/content/chandy%E2%80%99s-carpark-war-your-war-too" target="_blank">http://www.mmail.com.my/content/chandy’s-carpark-war-your-war-too</a>For free car parks, go to court and set a precedent for all to follow. :biggrin:Salut</blockquote>

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