Question 1 (25 Marks) Sarjit carried on business as a self-employed driver of a self-owned truck (registration number SJ6666, Truck) under the business name of Sarjit Transportation Company (STC"). Sarjit did not have any employee to help with driving the Truck and/or loading/unloading cargo. However, Sarjit would subcontract transportation services/work to other drivers. Stephen ("Stephen") was operating as property manager practitioner providing property manager services for various car park, plaza and shopping moor. Stephen employed Ghost ("Ghost") as a security guard, and Ghost worked at the Car Park ("Car Park) in Cheung Sha Wan Industrial Centre ("Centre"). Ghost as Stephen's employee was responsible for giving instructions to truck drivers arriving at the Car Park for unloading their cargo at designated areas. Sarjit claimed he was assaulted by Ghost on 17 January 2021 ("Incident") based on the following Facts: (a) Sarjit was to deliver pallets of goods ("Goods") from China to Hong Kong. In the evening, Sarjit drove his Truck carrying the Goods into the Car Park (b) Sarjit began to unload the Goods pursuant to the instructions given by the colleaques of Stephen. Whilst Sarjit did so Ghost (then wearing uniform) stopped Sarjit and warned him moving the loaded Goods to another place by using his body to block Sarjit's way which might delay Sarjit from continuing his work and delivering the remaining part of the Goods (c) Sarjit then asked Ghost to leave. However Ghost walked towards Sarjit in a furious manner and shouted abuse at Sarjit. Further Ghost then assaulted Sarjit with fists and kicks which caused Sarjit to fall to the floor. After Sarjit fell down, Ghost continued with the assault. Sarjit fainted. It was a while before some other employees became aware of this and stopped Ghost. (d) After a while, Sarjit stood up by himself. Sarjit then drove the Truck away from the Car Park. He parked the Truck at the roadside and made telephone report to the police. The ambulance and police arrived, and Sarjit was taken to Queens Elizabeth Hospital ("QEH") by ambulance. On 18 February 2021 at West Kowloon Magistrate Court, Ghost was convicted of the offence of inflicting grievous bodily harm in respect of the Incident ("Conviction"). Ghost was sentenced to 4 months' imprisonment, and ordered to pay compensation to Sarjit. Stephen defended that he was not vicariously liable for Sarjit's claim as the dispute and physical contact between Ghost and Sarjit was ended up by Ghost's personal reaction after Sarjit swore at Ghost. EH CTL Page 2 of 4 You are required: Based on the legal principles of tort and vicarious liability and apply the said principles to the aforesaid of the case, advise Sarjit whether he shall claim against Ghost, Stephen or both for the personal injuries he suffered in the Accident. (25 Marks)
