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Zang, an accountant, had decided that she needed to go on a cruise around the Pacific Islands. After investigating several holiday packages, she decided on
Zang, an accountant, had decided that she needed to go on a cruise around the Pacific Islands. After investigating several holiday packages, she decided on a cruise with Australian Cruise Liners Ltd. (ACLL). Zang purchased her ticket using her credit card over the internet. The cruise was going wonderfully well, until late one afternoon, when sailing through the North Island of New Zealand, the captain and her Chief Mate (second in command to the captain) decided to sail as close to shore as possible to allow passengers a better view of the scenery. As a result, the cruise ship hit rocks and began to sink. Zang who was in the lounge at the time of impact, witnessed one male passenger suffer terrible injuries from a falling statue, and she herself was thrown to the floor, seriously breaking her right arm and a leg. Emergency vessels arrived and safely evacuated passengers by lifeboat. Zang and other injured people were admitted to a hospital in New Zealand. Zang sustained significant physical and psychological injury . These injuries including the shock of seeing a male passenger so horrifically injured led to Zang being unable to work for a year. When Zang asked Australian Cruise Liners to pay for her hospital bills, they refused. Required: Explain whether Zang is able to sue Australian Cruise Liners for negligence using case references to support your answer. Refer to the relevance of vicarious liability as part of your response
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