Question
The question is about tort law ----Duty of Care: Psychiatric Injury & Omissions and Duty to Third Party QUESTION:Discuss whether the injured children, Christian can
The question is about tort law ----Duty of Care: Psychiatric Injury & Omissions and Duty to Third Party
QUESTION:Discuss whether the injured children, Christian can establish the duty of care against the relevant parties by using case law.
I think children & Christian can establish doc against cruise operator , but I'm not sure whether school and tour organizer owns duty of care. If you can give me some cases to illustrate that would be good.
Material:
The Peak School organized a package tour for Primary 5 students to go to various islands in Hong Kong, including a tourist resort at Lantau Island. The tour operator was Holiday Package Limited, a large and well-known package tour organizer providing accommodation, sightseeing services and other facilities in Hong Kong. It operated through contacting other organizations on different outlying islands. Holiday Package Limited's brochure stated that all the cruise operators "are competent and experienced in providing such services". A party of Primary 5 children of the Peak School accompanied by Christina, the school teacher, went on tour through Holiday Package Limited. One afternoon they went on an expedition organized by Titanic Cruises on the sea near Tai O, in the western coast of Lantau Island. As the boat approached a dangerous section of the water near a jetty, the operator of the boat lost control and the boat began to rock dangerously. All children were screaming and three children, who were sitting next to Christina, were thrown into the water. Christina got a terrible shock and collapsed on the boat.
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