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    Torts Case Review PDF

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    Alyaa' Yaidi
    This case review summarizes a case involving Sabah Shell Petroleum Co Ltd and Sarawak Shell Bhd ("Shell") suing the owner of the vessel Borcos Takdir for damages caused when the vessel's anchor snagged and ruptured an underwater pipeline. Shell utilized the Borcos Takdir to deliver cargo and supplies to offshore platforms. When retrieving its anchor, the vessel ruptured Shell's six-inch pipeline, causing damages. The owner argued the damages were Shell's fault or they contributed, and liability was limited by contract. The court applied relevant legal rules and precedent to both parties' arguments and found the defendant's negligence was proven, allowing Shell's claim.

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    Torts Case Review PDF

    Uploaded by

    Alyaa' Yaidi
    156 views3 pages
    This case review summarizes a case involving Sabah Shell Petroleum Co Ltd and Sarawak Shell Bhd ("Shell") suing the owner of the vessel Borcos Takdir for damages caused when the vessel's anchor snagged and ruptured an underwater pipeline. Shell utilized the Borcos Takdir to deliver cargo and supplies to offshore platforms. When retrieving its anchor, the vessel ruptured Shell's six-inch pipeline, causing damages. The owner argued the damages were Shell's fault or they contributed, and liability was limited by contract. The court applied relevant legal rules and precedent to both parties' arguments and found the defendant's negligence was proven, allowing Shell's claim.

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    This case review summarizes a case involving Sabah Shell Petroleum Co Ltd and Sarawak Shell Bhd ("Shell") suing the owner of the vessel Borcos Takdir for damages caused when the vessel's anchor snagged and ruptured an underwater pipeline. Shell utilized the Borcos Takdir to deliver cargo and supplies to offshore platforms. When retrieving its anchor, the vessel ruptured Shell's six-inch pipeline, causing damages. The owner argued the damages were Shell's fault or they contributed, and liability was limited by contract. The court applied relevant legal rules and precedent to both parties' arguments and found the defendant's negligence was proven, allowing Shell's claim.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    156 views3 pages

    Torts Case Review PDF

    Uploaded by

    Alyaa' Yaidi
    This case review summarizes a case involving Sabah Shell Petroleum Co Ltd and Sarawak Shell Bhd ("Shell") suing the owner of the vessel Borcos Takdir for damages caused when the vessel's anchor snagged and ruptured an underwater pipeline. Shell utilized the Borcos Takdir to deliver cargo and supplies to offshore platforms. When retrieving its anchor, the vessel ruptured Shell's six-inch pipeline, causing damages. The owner argued the damages were Shell's fault or they contributed, and liability was limited by contract. The court applied relevant legal rules and precedent to both parties' arguments and found the defendant's negligence was proven, allowing Shell's claim.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    Case Review:

    SABAH SHELL PETROLEUM CO LTD & ANOR


    V THE OWNER OF AND/OR ANY OTHER PERSONS
    INTERESTED IN THE SHIP OR VESSEL THE 'BORCOS
    TAKDIR' [2012] 5 MLJ 515

    Mohammad Fadil b Arifin (1818629)


    Nasha Dzulaikha bt Dzulkarnaen (2010984)
    Alyaa Toklubok (2011880)
    Summary of Facts
    Sabah Shell Petroleum Co Ltd and Sarawak Shell
    Bhd, known as ‘Shell’, the plaintiffs, is the company that handles
    offshore oil and gas exploration and production activities in offshore areas
    precisely in Sabah and Sarawak. To deliver their cargos and necessary
    materials such as food, equipment, tools, and machinery to the offshore
    platforms, they had utilised the use of a vessel called the ‘Borcos Takdir’
    owed by the defendant.
    The anchor dropped was snagged and ruptured the
    plaintiffs’ six-inch underwater pipeline upon the retrieval of the anchor
    and later caused damages to the plaintiffs which the plaintiffs sued the
    defendant for, on the ground of negligence and/or breach of duty and/or
    breach of contract.
    Defendant argued that the damages were because of the plaintiffs’ own
    fault or had contributed by their own conduct. The defendant also
    contended that the plaintiffs cannot claim more than RM5m by virtue of
    clause 21 (1)(b) in the contract signed between them as well as under
    Section 360 of the Merchant Shipping Ordinance 1950.
    The court applied the relevant rule of law with
    the factual matrix of the case accordingly.

    The definition of the rule was given at first


    and several cases were cited in applying the
    rule of res ipsa loquitor.

    The court took into consideration both


    parties’ contentions meticulously

    Commentary
    The court’s decision to allow the plaintiff’s claim
    Reasons for Supporting was a rational judgement on the ground that the
    defendant’s negligence was proven

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