Health and Safety Law

Health and Safety Law

Question 1
In the course of negotiation for the sale of a classical oil painting, Edward, the owner, assured Fred that some rich people from the PRC had a plan to purchase classical oil paintings from Hong Kong in the near future for resale in the PRC. Edward further said that there would be a very great demand for this particular classical oil painting owned by him and thus an appreciation of at least three times in value within 6 months.
Relying on what Edward said, Fred signed a written agreement to purchase the classical oil painting. The assurance was not included in the agreement.
Eventually no rich people from the PRC purchased the classical oil painting. The classical oil painting in fact depreciated in value. Can Fred take action against Edward and why?

Question 2
Steven wants to buy a passenger van. John told him that he had a second hand van for sale. The van was used by John for delivering goods every day for his boss. But John told Steven that it was only a holiday car used by John’s family for going to the beach during weekends. Steven likes the color and low mileage of the van. He told John he did not care what the car was used for before.
After taking delivery of the van, Steven learned from other sources that the van was used by John for delivering goods. Steven now wants to back off from the deal. Can Steven cancel the contract and get his money back?

Question 3
Advise on the liabilities of the parties in the following scenarios and give your reasons for your advice:
(a) David (the “Hirer”) needed to move his stuff to Kwun Tong. He called a van company, i.e. Shing Kee. Through its referral, David (the Hirer) hired a van (which bears the name Shing Kee on its side) from Sam (the “Driver”). When Sam (the Driver) was driving his van with David’s stuff, the Driver drove carelessly and hit C. Can C sue David? Can C sue the Driver? Can C sue Shing Kee?

(b) Peter (the “Driver”) is a green mini bus driver driving the same route everyday. David (the “Owner”) owns the green mini bus that Peter drives. In return for his service, the Driver would get 20% of the mini-bus fees received by the green mini bus each day. That is all he would get. If no one takes the mini-bus, the Driver would get nothing. The Driver is not responsible for any of the expenses of operating the mini-bus. But the Driver has to pay for any tickets he gets while driving the minibus and for repair costs if the car is damaged while he drives it. One day the Driver drove the mini-bus carelessly and hit C. Can C sue David (the “Owner”)?

(c) A is the husband of B. B owns a car. One day, A borrowed the car from B and drove it carelessly and hit C. Can C sue B?

The maximum word count of this question below is 2000 words.
Questions 4

Title: Responsibilities imposed on contractors by Regulation 2 of the Construction Sites (Safety) Regulations

Two construction workers of the main contractor of a site suffered injuries sin a high voltage electric shock when they were trying to fix a crane. The maintenance worker was temporarily blinded- and is now scarred permanently –and both he and an electrician were burned. Two other man of subcontractor working on the job also have suffered burns as a result and all four could easily have been killed. None of the men had received adequate training or been given sufficient information about the electricity supplies to the cranes. All four workers were put at risk because their employer did not have procedures in place to ensure electrical work was carried out safely.

Discuss the responsibilities of the parties involved and the breaches of the Occupational Safety and Health Ordinance and Factories and Industrial Undertakings Ordinance and their subsidiary Regulations (criminal responsibilities /liabilities) and also the civil liabilities if any


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