ABC Ltd. (\"the Company\") operates 20 education centres which are situated in H
ID: 384222 • Letter: A
Question
ABC Ltd. ("the Company") operates 20 education centres which are situated in Hong Kong and Kowloon. The business of the centres is to organize tutorial classes for secondary school students with the aim to enhancing their ability to attain good results in the Hong Kong Diploma of Secondary Education (HKDSE). Glen is one of the tutors employed by the Company whereas Newton is the owner of the Company. The tutors may be required by the Company to teach in different centres. Their working hours are 4 to 9 pm during weekdays and 9 am to 9 pm on Saturdays. The Company owns a few cars and the tutors will be transported from one centre to another during the abovementioned office hours. The time to travel between centres is treated as working hours by the Company At 2 pm on a Saturday, while Glen was travelling in the car provided by the Company and on the way to a centre in Hong Kong, the driver (who was also an employee of the Company) controlled the car in such a careless manner that the car crashed into a bus. Both the driver and Glen were badly hurt. Glen was paralysed from below the waist and could not work since then. Glen wants to sue the Company and the driver. He estimates that his claim will be about HK$5 million. He wishes to know how the case should be processed and hopes to seek advice Required Glen wants to claim compensation for his car accident. Analyse the cause of action that he can base to start legal proceedings and the parties he can claim for his injury. Also explain in detail to him how he would proceed to prove his case.Explanation / Answer
As Glen was in the office car, so it becomes the entire responsibility of the organizations to take care of Glen. If the organization denies providing any compensation, Glen can take legal proceedings for the organization and to the driver who was driving the car carelessly.
In his claim, he should acknowledge the purpose of boarding the car to the court and he should provide the car number with the legal agreement made to visit different centers for teaching purposes. He needs to prove that he is the employee of the organization.
To prove his case medical reports from a registered doctor is obviously required to get the total cost required for his treatments. Police complain has to register against the incident to make the case stronger. Lastly, the eyewitness from any near shop or any public, where the incident took place can be an added advantage for him to get the full compensation for his long life medical benefits.