Axon Pte Ltd(Axon) is involved in the transport of sand in barrels (closed cylindrical plastic containers). Axon employed a lorry driver, Samy who works with another assistant, Bob also employed by Axon. The transport of these sand barrels is usually done by these two employees.
On 28 December 2021, after reporting to work, Bob felt ill and drowsy. Bob requested two of the security guards employed by Axon, Charlie and David to help out loading some sand barrels at the worksite of Axon. Bob, Charlie and David know that the security guards are forbidden by Axon to do any loading or unloading work.
Despite knowing this, Charlie and David helped Samy load some barrels on to the lorry and locked its tailgate. Samy had to deliver the load to CGG Pte Ltd site which shall be unloaded by the employees of CGG. Samy drove the lorry with loaded barrels to the worksite of CGG.
Upon arrival at CGG worksite, Samy went behind the lorry and lowered the tailgate while CGG’s employees, Rashid and Kris were waiting to unload the goods at the back of the lorry. As Samy lowered the tailgate, a barrel rolled out and struck Rashid. Rashid was permanently paralysed and will not be able to return to work.
(a)Examine whether Rashid suffered an injury in the course of and arising out of any employment?
According to the narrative, it could be assumed that Rashid was employed by CGG as the load shall be unloaded by the employees of CGG. In order to test for
(b)Identify all the parties that may be liable for the injuries suffered by Rashid and briefly examine their individual liabilities and any defense available in law.