Release of Problem Clarifications- BI

Team 6

1) Who erecting the wooden fence (Jiran or Pekebun)?
Not relevant

2) Did Jiran aware how Pekebun is taking care of his Flower beds?
Generally yes. But not specifically.

3) Is Pekebun a garderner?
Enjoys gardening as a hobby like most people.

4) Did Jiran clean the lettuce thoroughly before eating?
As is normally cleaned.

5) As what has been warned on the canister, does it mean that such a weed killer can be washed away without future side effect i.e to get poison.
‘Slaughter’ was poisonous to humans and also clearly stated "Wash hands thoroughly after use". – Make your own inferences and argue accordingly.

Team 11

6) Did Pekebun had the knowledge that the poison can transfer through water?
Only the instructions given on the canister.

7) Was there any information given with the poison on the amount of poison to be used or did Pekebun use the correct amount of poison?
Facts silent. You are allowed to assume that standard instructions on usage were given. So use your own judgment.

8) Did Pekebun at any given time let Jiran know that he is using poison?
Both Pekebun and Jiran knew that each was using various chemicals for their respective plants. Both also kept changing these. So specifically at the material time - no.
Team 17

9) On what ground did Jiran taken action against Slaugther Sdn. Bhd. in High Court?
Jiran brought an action on Michael’s behalf against Pekebun based on the rule in Rylands -v- Fletcher and Slaughter Sdn. Bhd. as the manufacturers of the weedkiller.

10) Why Jiran did not appeal against the decision regarding to "no sustainable action" against Slaugther Sdn. Bhd. ?
On advise of his lawyers.

11) Whether Jiran knew Pekebun sprayed weedkiller on his flower beds?
Generally yes. Used by both. Both kept changing what they used. So at the material time - no.


Team 20

12) Did Pekebun told Jiran that he is using the weedkiller for his flowers?
Generally as neighbours they used to exchange information. But specifically at the material time – No.

Team 24

13) According to the facts of the case, there is a fence dividing Pekebun's and Jiran's gardens. What is the distance, in terms of length, is pekebun's flower beds from the fence.
Jiran and Pekebun have their plants running along their respective sides of the fence.

14) What is the distance, in terms of length, is Jiran's vegetable patch from the fence?
As above.

15) What is the distance, in terms of length, between Pekebun's flower beds from Jiran's vegetable patch?
As in 13.

Team 26

16) What is Pekebun and Jiran occupation?
Exact occupation not known. But gardening is just a hobby for both of them.

17) Where did they live?
Residential area. Normal housing estate.

18) What is the volume of the rain?
Not known.

19) How does the rain water being washed to Jiran's vegetable patch?
Seeped through the ground.

20) What is the concentration of the mixture?
Not known.

21) Does Jiran have knowledge about Pekebun using of the weedkiller?
Generally as neighbours they used to exchange information. But specifically at the material time – No.

Team 32

22) Were there any specific directions of use stated on the canister? If yes, what
were they?
Q. silent on specific directions. You may assume that normal instructions for usage were given.

23) What were the types of flowers grown by Pekebun on the flower beds?
Ordinary garden flowers.

24) What type of weedkiller was "Slaughter"?
“….powerful weedkiller called ‘Slaughter’……..”


Team 33

25) Does Michael have any history of other illness?
No.

26) Why the other members of the family were not affected, although the facts show that the lettuce was eaten by the 'jiran family’?
Facts silent. Open to argument.

27) What are the contents of the weed killer?
Chemical coposition not given. You may assume what is generally used.

28) Was Jiran’s family aware of the warning on the canister?
No

29) Did jiran use any weed killer or fertilizer for the vegetables?
Yes.

30) Did Jiran’s family clean the vegetable properly before cooking it that it could cause Michael to fall sick?
Washed the normal way.

31) How was the relationship between Pekebun and Jiran before the incident?
Good neighbours.

32) Did the weather show clearly that it is going to rain on that day?
Facts silent . Open to assumption.

33) Did pekebun read the warning label on the canister?
Yes.

34) Was Jiran aware of pekebun’s use of weedkiller on his flower beds?
Generally as neighbours they used to exchange information. But specifically at the material time – No.

35) Is pekebun aware of that jiran’s activity of growing vegetables adjacent to the fence of his garden?
Yes they are friendly neighbours.

36) Is the weed killer used certified by the health ministry or other relevant government agency for general use?
Yes.


Team 38

37) What is the category land use as conferred by section 52 of the National Land Code 1965 for both Jiran's and Pekebun's land ?
Residential property.


Team 66

38) Do Pekebun and Jiran both have knowledge of each other's respective flower beds and vegetables adjacent to their fencing?
Yes.

39) What type of wooden fence are Pekebun and Jiran using? For example, the type that covers the neighbouring views entirely or vice versa?
Standard picket fence allowing neighbours to talk across the fence.

40) What is the degree of the rainfall?
Facts silent. You may assume normal rainfall in Malaysia.