Originally posted by hloc:
And isn't thats why the Govt is using the above sentence as the
Reason why S'porean shouldn't Protest in the streets..... you know,
'ensuring' public safety. 
Again.....[b] if the Tree is rotting and
the public had inform Npark... but Npark didn't take any
action.... that would be the Npark's fault. But if
a otherwise healthy tree were to break and fall due to a sudden
storm or earthquake..... then whos fault is it 
If a potted plant which is own and put on the ledges by you
fall.... it your fault. But if a storm or earthquake where to hit
S'pore, which cause the pot to fall.... u might not be at fault for
it.
Npark is in-charge of Trees and garden in S'pore...... but they
don't employ a 100K workforce to check on every tree in S'pore
every other day. And till the day when the Govt could control the
weather..... there is no way at all for anyone to tell when a storm
will come that is strong enough to blow down a tree branch.
[/b]
Then you have to ask yourself, is a peaceful protest 100% a
violent riot.
If you cannot reasonably forsee the occurence of that event (e.g.
like a brick perch on top a tree will fall when a heavy gust of
wind blows) like a riot occuring (because protesters were holding
knifes, parangs, sticks, wearing mask and helmets). How can you be
certain that a riot will occur because of the protest? There are
many peaceful protest going around all over the world, doesn't mean
that a peaceful protest will 100% lead to violence.
Only if members of the public complain then N. Parks is at fault,
like as if everyone has those elevator cranes to sneak a peek at
the branches up close. That's like telling customers who take
ferris wheel ride that, only if they see a possible failure in the
ferris wheel and report it, then the business owner will be liable
for negligence if the ferris wheel falls apart. I am glad you are
not operating the MRT system, because I have no access to the
tracks to tell you that the tracks are damaged if they are.
If a healthy tree were to break and fall due to storm or
earthquake. Then you have to ask yourself about reasonably
forseeable, is it expected that the tree will fall during a storm
(because a storm is common in Singapore), if it is then it's N.
Park's liability because they forsee the occurence but did not take
action. If you talk about earthquakes, what is the magnitude of
earthquake, because there are no major quakes in Singapore as yet.
If a 6.0 ritcher scale quake happens and the tree falls then it was
unexpected, because quakes don't happen in Singapore, so it's not
reasonably forseeable, so it's an act of god.
Take the case of,
Berry v. Sugar Notch
Borough
Brief Fact Summary
Plaintiff was running his car on borough street in a violent wind
storm. As he passed under a tree, it was blown down crushing the
roof of his car and causing him serious injury. Plaintiff was
running his car in excess of the speed limit as permitted by a
borough ordinance.
Rule of Law and Holding
Plaintiff's rate of speed did not cause or contribute to the harm
that he suffered. His actions did not increase the foreseeable
likelihood that a tree would fall on his car. It cannot be said
that plaintiff was contributorily negligent. Thus, Plaintiff's recovery is
sustained.
Source: http://www.audiocasefiles.com/cases/detail/case/9059/
Wasn't there a violent wind storm, yet the defendant wasn't
discharged from the suit.
Ermm.....
I disagree with your statement that if my pot of plant were to
fall, I would not be at fault, because a person can resonably
forsee that the potted plant's fall will hurt someone. As for the
earthquake causing the potted plant to fall, I think I would still
be at fault because I can reasonably forsee that the plant can fall
and hurt someone below. Does not mean just because it's an
earthquake it's an act of god and can disclaim all liability. Same
as the N.Park's case.
Well, not having enough manpower is not an excuse for negligence.
With their knowledge of botany, they can implement a system to
identify problem trees or areas where they think trees will be at
risk. It's not all the trees in Singapore, only trees which are in
publicly accessible areas.
