Question
PnR Catering Ltd.is a limited company (the Company) which engages in the airline catering services and owns a multi-storey building next to the Hong Kong
PnR Catering Ltd.is a limited company (the Company) which engages in the airline catering services and owns a multi-storey building next to the Hong Kong International Airport, where all the food provided by the Company is processed. The Company also developed the business of event catering for weddings, birthday and dinner parties. For this service, it had bought several lorries for delivery of food to the event sites. Antony is one of the lorry drivers employed by the Company. One day, Antony was ordered to drive a lorry of party food to Claer Water Bayfor the birthday party of a customer, Basia. However, Antony did not concentrate on driving and was talking to his girlfriend on the mobile phone. When the lorry reached the front gate of Basias house, Antony did not notice that Basia was already waiting there and did not slow down the lorry. Hence, the lorry crashed into Basia. Before the lorry ran into Basia, she was standing on the pedestrian pavement in front of the gate to her house. Basia was so badly hit that she suffered permanent brain injury. She is an experienced mathematics teacher and as a result of the accident, she could no longer resume her job. Basia family wanted to sue Antony. It is estimated that her claim would be about HK$ 7 million.
(a) About the permanent brain injury sustained by Basia, analyse whether Antony has a duty of care to her. Support your answer with detailed explanation of relevant legal case (s) and principles
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