Question about tort law

2014-02-04 11:12 pm
this is my assignment question, i just want to know how to finish, pease tell me the hits.
Charlie Cheung worked in Hong Kong as a driver for David Ding. David Ding owned several sedan cars. The parties had signed a written contract which stated that Charlie was an independent contractor and that he would be paid on an hourly rate to drive any of David Ding’s cars. Charlie was provided with a uniform that he had to wear whenever driving. He also was required to be on standby from 7am to 6pm each day. All the cars were duly insured whilst being driven by Charlie.
One day last month Charlie felt hungry and decided to take one of David’s cars to a local Chinese restaurant for lunch. On his way to the restaurant Charlie stopped at a school pedestrian crossing to let a number of school children cross the road. After they had crossed he started moving again. Unfortunately, Charlie knocked down a young teacher named Eve who suddenly ran out from behind a parked car without paying any attention to the passing traffic. Eve suffered serious injuries and now wants to sue for damages for her injuries. Charlie has no means to pay substantial damages to Eve.
Advise Eve on her position in tort law.

回答 (2)

2014-02-05 12:53 am
✔ 最佳答案
It is homework. So I will not answer for you.

But here is the hint:

1. Even the relationship of Charlie and David is questionable (independent contractor), it is not the key of this question.

2. The car is insured.

3. Charlies drove the car (caused the accident). And David owns the car (accessory to the accident).
2014-02-06 8:46 pm
You will probably needed to talk about a few things:
Vicarious liability (Deeper pocket), (hint: uniform, the cars were duly insured) (course of employment or course for employment) (What is the test for employment?), Employer's Liability. Frolic of his own (is taking the car to lunch part of the course of employment?) Is Charlie act within the authorized act? What is the standard of care for road user?

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