Commercial Law Question
Ben was an alumnus of HKU. He joined Wonder Sports SuppliesLimited as a marketing assistant after graduated a year ago. LastSaturday, he took a recently marketed skateboard from his employerwithout permission and wanted to try it out near the HKUcampus.
Ben was so excited to be back to the HKU campus again. He jumpedonto the skateboard and started off despite the fact that he wasnot very skillful in this sport. Skateboarding on the lane in frontof the HKU Residential College, Ben decided to go all the way alongBonham Road to Block D. As he was going down the slope, he startedto accelerate at high speed and finally lost control. Benskateboard ran into Tom, who was walking with his back towards theskateboard. Tom was knocked down by Ben, broke his left arm andinjured his head. He was then rushed to the hospital by anambulance.
Required:
(a)Â Â Â Â Â Discuss whether Tom can bringan action against Ben for his injuries based on tort ofnegligence.
(b)Â Â Â Â Â Explain the concept ofvicarious liability. Discuss whether Tom can sue Wonder SportsSupplies Limited instead of Ben.
