Question
Mary is an owner of medical supply company and employs a number of lorry drivers to deliver the supplies to hospitals throughout Hong Kong. In
Mary is an owner of medical supply company and employs a number of lorry drivers to deliver the supplies to hospitals throughout Hong Kong. In the aftermath of a serious car crash in Hong Kong island, she received an emergency request for supplies from a local hospital. Unfortunately, all her regular drivers were away making deliveries in Tuen Mun, New Territories and, rather than arranging for anyone of them to return, Mary reluctantly decided to drive the lorry herself although it is some time since she has driven. On the way, the brake of Mary's lorry failed and it crashed into a motorcycle travelling in the opposite direction. Ben, the driver of that motorcycle, is badly hurt. Mary escaped unharmed. There is evidence that a driver who drove the lorry regularly would have been able to control the vehicle and avoid the collision. Discuss possible actions in the tort of negligence.
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