PROFESSIONAL PRACTICE II

LAW4511
OPINION WRITING – INTERNAL MEMORANDUM OF
LAW
ASSIGNMENT INSTRUCTIONS
NOTES TO STUDENTS:

1. This is a group assignment (maximum of THREE students).

2. The memo should be presented in computer generated
format: double-spaced, Times New Roman, 12-point font, 1”
margins.
3. Deadline for submission is 8 December 2017, latest by 4.00
pm.
4. Submit your work at the Kulliyyah’s General Office, Level 3,
and do not forget to sign the assignment submission list for
confirmation.
5. For this assignment, you are required to state/identify
THREE issues (presented in properly formulated statements
of issue or questions presented) that the facts situation given
may possibly give rise to. However, you need to discuss or
analyse ONLY ONE of the issues identified.
6. Use the attached Assessment Rubrics to guide your writing
so as to enable you to meet the standard expected against
the criteria set.

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 MEMO
Date: 4 December 2017
To: Legal Assistant
From: Senior Associate
Re: Tahmid Mehedi

Instructions:

Enclosed is the statement by the client, Tahmid Mehedi.

Please prepare an opinion to assist the Firm evaluating the client’s chances of
bringing a legal action for the injuries he has sustained. Take note that at this
stage YOU ARE NOT REQUIRED to address the issues of quantum.

There is nothing further to add to the client’s statement except that the owner
of the site in question was Sim Wah Bhd, who employed Demolimen Sdn Bhd
to demolish the shophouses on the site.

STATEMENT of Tahmid Mehedi of 94 Jalan Dato’ Senu, Sentul Dalam,

Kuala Lumpur.

I am forty-eight years old and live at the above address. I am from

Bangladesh and have been working in Malaysia for almost thirteen years. I
have a wife and four children back home in my country.

From June 2012 until the date of the accident, I was employed as a foreman
by a small firm of demolition contractors, Demolimen Sdn Bhd of Jalan Ipoh,
Kuala Lumpur. The firm is owned and managed by Mr Lim Kok Wang.
Although I was not a local, Mr Lim had great confidence in me because of my
long experience in the construction industry.

In February 2017 the firm undertook the job to demolish two rows of pre-war
shophouses in Jalan Pudu, Kuala Lumpur. There were five employees of the
firm engaged on this work including myself and a young man, Malik Awang.

Malik was a ‘drifter’ type of young man with hairs growing shoulder length and
torn jeans and had been doing casual jobs for several years. He was about
twenty-one years old and had been with the firm for about two weeks. On 26th
February 2017, Mr. Lim visited the site while demolition was in progress. He
pointed to me that one of the walls of the shophouses was in a very
dangerous condition. There was a gaping diagonal crack in this wall where
the foundation of the building had shifted. He said that it was very tricky
situation and called all the employees on the site together and warned them
not to go near or touch this wall until it had been shored up with timber. After
Mr. Lim left the site I told the other employees (including Malik), “You have
heard what the boss said. Keep away from that wall!”

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At about 11.00 a.m. on 27th February 2017, I was working on the site when I
saw Malik standing next to the dangerous wall and attempting to pull a length
of piping from the wall. I yelled at him to get away from the wall and, at the
same moment, part of the wall collapsed onto of him. I ran across and found
him lying underneath the rubble. He was unconscious and blood was coming
from his mouth. I started to clear away the rubble in order to move him when
more of the wall collapsed, pinning me to the ground.

I was rushed to HUKM Hospital, somewhere in Cheras, where I remained until

5th March 2017 as an in-patient