Question
1) Lucy lives in Tung Chung and goes to work in Central by coach operated by Express Coach Company (ECC) everyday. She buys her ticket
1) Lucy lives in Tung Chung and goes to work in Central by coach operated by Express Coach Company (ECC) everyday. She buys her ticket from the driver every morning and she always falls asleep shortly after boarding the coach. As a result, she is not aware of a large display of a sign inside the coach, behind the drivers seat, stating:ECC shall not be responsible for any damage to the luggage and property of the passenger. One day, Lucy was awakened by a sudden stop of the coach, which was caused by the carelessness of the coach driver. Lucy hit her head at the back of the seat in front of her and therefore suffered injuries to her forehead and broke her glasses.Lucy sued ECC in negligence for her injuries and the damage to her glasses, but ECC relied on the exclusion clause and refused to pay her claimed compensation. Advise Lucy if the exclusion clause will affect her claim. Use case law and ordinance to support your answers.
2) January 13 was a very bad day for Wang. Her friend and co-worker, Jimmy, said to Wang, I just replaced the battery in this Starry phone but I dont like it any more. It gets very hot when I charge it. I worry it could explode and get me hurt. Wang just had her old phone stolen that morning when she was coming to work on a minibus. She offered to buy Jimmys phone. Jimmy said, You can have my phone for $1,000 dollars. But I cannot be held liable at all if it malfunctions and you get hurt! Money changed hands and Wang had the phone. Just like other days, at lunch time Wang would stop by the Big Mama Noodle Shop (Big Mama) to buy a bowl of noodles and to use the toilet. A fading sign on the wall says We shall not be held liable for any loss suffered by anyone on these premises, including loss to property, death and injury. The floor in the toilet was wet. Wang slipped and fell, breaking her femur. In great pain, Wang could not even stand up. Shop attendants called for an ambulance. Before the ambulance arrived, the phone that she just bought from Jimmy exploded. Her face was burnt, her wallet fell into the puddle of water, and her glasses scattered into pieces. Advise Wang whether she can successfully claim against Jimmy and Big Mama for her loss and injury. Support your answer with case law and/or statutes.
(text book: Srivastava, D.K., Business Law in Hong Kong, latest edn, Sweet & Maxwell)
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