Can SCRUB be made liable for the negligent act committed by STSB employee, Mr Soh Chu

Ai?

With regard to the fact given, you have appointed SCRUB to remove the rubber deposits
from KLIA’s runway. Since SCRUB was committed another task at Hearthrow, London, it
appointed another contractor to work on behalf of them.
As a general rule, any wrongful act made by an independent contractor shall not make its
employer to be liable. The employer only can be liable if there is breach of duty come from
their part. Prove must be given to the court to show that the employer has taken proper care
during the appointment of an independent contractor who act on behalf of him. Therefore,
if any act of negligent was made by the independent contractor (STSB), the employer will
not bear the responsibility and held to be liable due to the principle that the employer shall
not be liable for the negligence made by their independent contractor.

In order to see whether SCRUB has taken proper care in appointing STSB, it must be
prove that SCRUB has knowledge that STSB was competence in doing their job. From the
fact given, STSB had in the past work for SCRUB in your airport in Penang. Therefore, the
report of STSB performance in Penang is needed to determine whether STSB had done it
work properly in their past to show that STSB was a competence independent contractor.

If the report shows that STSB perform his work properly, therefore SCRUB had not breach
any duty of care in appointing STSB to work on their behalf. However, if it is proved in the
report stating that STSB had bad record in conducting its work in Penang and SCRUB has
knowledge for it bad record, SCRUB will be liable for the negligent in appointing STSB to
work on their behalf.

With regard to the article published by Malaysian Financial Times, stating that creditors
had successfully obtained a court order for SCRUB to be wound up, you must be sure
about this matter. Therefore, it is best for you to conduct company search on SCRUB to
affirm the validity of the statement made by Malaysian Financial Times.

In conclusion, SCRUB only can be liable if the report proved that STSB had failed perform
their work properly in Penang. The report will show that SCRUB has the knowledge of the
competency of STSB performance in his previous record and also show that it had
exercised a proper care in appointing STSB to work on their behalf.