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LW014A Certificate In Legal Studies

tag 0 Download 9 Pages / 2,102 Words tag 05-07-2021


(a) Louis is the owner of a small service counter providing shoes repairing service. On 1st December, Louis visited Wonderful Supplier (‘Wonderful’) which is a very large supplier selling machines for repairing shoes. .Wonderful is one of the three suppliers of machines for repairing shoes in Hong Kong. The price of the machines sold by Wonderful was the lowest one among the three suppliers and Wonderful gave twenty percent discount on the purchase price to any order made on or before 3rd December. Benjamin, the owner of Wonderful, gave an order form to Louis to sign after Louis told him that he wanted a machine for repairing shoes.

The form was in English and has a clause in small font size: “Our shop would not be responsible for whatsoever loss suffered by our customer. No refund will be allowed for any goods purchased by customer.’ Louis then signed the form without asking Benjamin any question. Louis had only received primary education and did not know any English. Benjamin was not aware of the fact that Louis did not know English.

Louis was delivered the machines on 5th December as agreed between him and Benjamin. There was a receipt served to him together with the machines saying, in large Chinese characters, that Wonderful would not be responsible for any loss suffered by its customers due to any breach of contract and there would be no refund for any goods purchased by customer. He was told by Amy, a worker of Wonderful who delivered the machines to Louis on behalf of Wonderful to sign this document. Louis signed the receipt as told after reading the above clause in Chinese.

Louis found on the same day that the machine did not function well. He took the machine to Wonderful and requested refund of the money he had paid. Benjamin drew his attention to the clause in the receipt arguing that there would be no refund.

Discuss Louis of his legal position. Would your answer be different if the order form signed by Louis on 1st December was written in Chinese?

(b) Benny, a 14 year-old joy rider drove his car very fast, jumped the traffic lights when they were red and collided with a omnibus. Jacky, the driver of the omnibus, was killed instantly. Jacky had consumed a lot of alcohol and also drove the omnibus very fast. The passenger in Jacky’s omnibus, Betty, sustained severe personal injuries. A passerby, Daniel, witnessed the entire accident from a nearby building. He now suffers from post traumatic stress disorder (PTSD). Betty now cannot concentrate on her work as a secretary in a surveyor firm.

Joyce, Jacky’s wife, was told by police about the accident through telephone. But she was in Taipei at that time. She only arrived at the hospital ten hours after the accident and found Jacky already dead. She subsequently suffers from depression as she is very worried about her own future.

Jacky’s father, Ken, was told by Joyce about the death of Jacky five days after the accident. He is now very sad and frustrated.

Mandy, a 15 year old passenger in the car driven by Benny was seriously injured in the accident. Mandy was not wearing a seatbelt at the time of the accident. Mandy knew that Benny did not have a valid driving license.

Advise Benny of his potential liability in the tort of negligence.

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