香港大学 侵权法 hku tort josiah tutorial-9.docxVIP

2Occupier’s liabilityEmployer’s liabilityWhat is the best cause of action and pursue it as your primary.BSDAssuming a BSD is viable, what needs to be proved?Whether a breach of legislationBelow required standard1The claimant must show that the damage he suffered falls within the ambit of statute, namely, that it was of the type that the legislation was intended to prevent and the claimant belonged to the category of persons that the statute was intended to protect. It is not sufficient smply that the loss would not ahave occurred if the defendant had complied with the terms of statute23 4Causation and defencesBSD is a private common law action in tort independently of negligennce, but eh same circumstances may give rise to both causes of action. A bsd, whether itself actionable or not, may constite evidence of negligence, particularly where duty is designed to guard against a specific riskBSD can be a valuable cause of action, especially industrial injuries where it is possible that the only person having the means to satisfy the claim is the principle Against whom no remedies (like negligence and breach of occupier’s common duty)Whether a BSD is actionableSpecific class of personStatutory interpretation59(I) subsidiary legislationThere is no intentionNot talking about industrial safetyNo genral rule to constrccutionMost legsislation contains no express guidance“indicators, presumptions/ canons of construction”Statute expressly confers/ excludes civil remedyIf the statute expressly prvodies for a cifvil remedy, / excludes a civil remedy, then no difficulty is likely to ariseIndicator: no stuatetory provisionLook at indicators: intention to protect a limited class of persons/ presence of other means of enforcing the statutory duty or statutory language. If loss involves physical damage or personal injuries, probabilityeis of court finding a private law action exists are much higher than those cases involving claims for prure econ loss/ against public authorities and