Part (a) Alex and Ben were part-time students from a Master's programme at PolyU. After their final examination, they attended a celebration party held in Happy Club at Lan Kwai Fong. Central until late night. They drove their own cars respectively to Happy Club where they had consumed a huge amount of alcohol. Alex felt dizzy and could not drive, but Ben insisted to drive and asked Alex if he could give Alex a lift. Alex accepted it. On the way home. Ben felt very sleepy under influence of alcohol, lost his control and collided into a parked car on road side. Such a collision caused Alex's slight head injury and he recovered very soon. However. Ben suffered from neck pain since the accident. Ben had consulted his family doctor, Dr. Wong, who unfortunately failed to diagnose the spinal disc herniation without referring him to a specialist for further examination and treatment on time. Due to persistent neck pain for more than a month, 3 Ben went to Hong Kong Hospital for a detailed check-up from which a significant disc compression on nerve was found. This required a timely surgery. During surgery, an inexperienced anesthetist mistakenly gave overdose of anesthesia to Ben who then suffered from permanent brain impairment. Discuss liability in tort of negligence of all possible parties involved in this case. (15 marks) Part (b) Alex would like to buy a laptop and went to the Silver Computer Company in Sham Shui Po District to shop around. He was approached by a staff member of the Company, Herbert, who just resumed his work after more than one-year sick leave. Though with his limited knowledge on many new products, Herbert aimed to impress his boss and improved his sales record by working very hard to persuade any potential customers to buy computer products. Herbert had represented to Alex with an emphasis that a wireless printer would be given as a gift for free if he could purchase a laptop. The original cost of the wireless printer was high and it would be a surprise to people if it is given as a free gift. On this basis, Alex was happy to make a purchase of a laptop. However, he found that it was only a "wired printer when it was delivered to his home. Advise Alex if Herbert's statement to him would constitute an actionable misrepresentation and of the remedies available in misrepresentation. Use case law and legislation to support your answers. (15 marks) Part (a) Alex and Ben were part-time students from a Master's programme at PolyU. After their final examination, they attended a celebration party held in Happy Club at Lan Kwai Fong. Central until late night. They drove their own cars respectively to Happy Club where they had consumed a huge amount of alcohol. Alex felt dizzy and could not drive, but Ben insisted to drive and asked Alex if he could give Alex a lift. Alex accepted it. On the way home. Ben felt very sleepy under influence of alcohol, lost his control and collided into a parked car on road side. Such a collision caused Alex's slight head injury and he recovered very soon. However. Ben suffered from neck pain since the accident. Ben had consulted his family doctor, Dr. Wong, who unfortunately failed to diagnose the spinal disc herniation without referring him to a specialist for further examination and treatment on time. Due to persistent neck pain for more than a month, 3 Ben went to Hong Kong Hospital for a detailed check-up from which a significant disc compression on nerve was found. This required a timely surgery. During surgery, an inexperienced anesthetist mistakenly gave overdose of anesthesia to Ben who then suffered from permanent brain impairment. Discuss liability in tort of negligence of all possible parties involved in this case. (15 marks) Part (b) Alex would like to buy a laptop and went to the Silver Computer Company in Sham Shui Po District to shop around. He was approached by a staff member of the Company, Herbert, who just resumed his work after more than one-year sick leave. Though with his limited knowledge on many new products, Herbert aimed to impress his boss and improved his sales record by working very hard to persuade any potential customers to buy computer products. Herbert had represented to Alex with an emphasis that a wireless printer would be given as a gift for free if he could purchase a laptop. The original cost of the wireless printer was high and it would be a surprise to people if it is given as a free gift. On this basis, Alex was happy to make a purchase of a laptop. However, he found that it was only a "wired printer when it was delivered to his home. Advise Alex if Herbert's statement to him would constitute an actionable misrepresentation and of the remedies available in misrepresentation. Use case law and legislation to support your answers. (15 marks)