Question
After her mother passed away a year ago, Emily moved into a smaller apartment in the New Territories with her mentally ill father Mr. Wong.
After her mother passed away a year ago, Emily moved into a smaller apartment in the New Territories with her mentally ill father Mr. Wong. Due to his mental problem, Mr. Wong had difficulty getting along with his new neighbours because he believed that all strangers were thieves and could not be trusted. Shortly after they had moved into their apartment he tried to attack the neighbour living next to them with his umbrella when the young man waved to him to greet him. Fortunately, Emily stopped him from doing so just in time and the young man was not hurt. Emily was on annual leave four months ago. When she was preparing breakfast in the kitchen one morning, her colleague Peter called her to ask where she had kept the flash disk containing important information about a new project Emily was working on. As Emily took the flash disk with her during annual leave, she asked Peter to come to her apartment to pick it up and Peter agreed. When Peter was sitting in the living room drinking a cup of coffee made by Emily, it suddenly occurred to Emily that she had to buy some drugs for her father from the pharmacy nearby. She asked Peter to enjoy his coffee and told him that she had to do some shopping and would come back in 15 minutes. Emily then left her apartment in a hurry, leaving Peter alone with her father who was sleeping in his bedroom. Just after Emily had left her apartment, Mr. Wong woke up and walked out of his bedroom to look for Emily. When Mr. Wong saw Peter, he was very upset because he believed Peter was a thief who had broken into his apartment. He immediately picked up a folding chair he found in the living room and attacked Peter with it. As Peter was sitting on the sofa with his back to Mr. Wong, he could not see Mr. Wong and was seriously injured by the folding chair. When Peter was recovering from his injury at Good Health Hospital, a nurse mistakenly gave him an overdose of painkillers, which caused Peter to fall into a coma. Although Peter subsequently regained his consciousness, he had to stay for two more months in hospital.
(a) Discuss whether Peter is entitled to take legal action against Emily for his injury on the grounds of negligence in tort. You are required to cite a relevant case to support your answer.
(b) Discuss whether Peter is entitled to claim damages from Emily for his additional two months stay in hospital after falling into a coma
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