Lucy lives in Tung Chung and goes to work in Central by coach operated by Express...

 

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Lucy lives in Tung Chung and goes to work in Central by coach operated by Express Coach Company ("ECC") everyday. She buys her ticket from the driver every morning and she always falls asleep shortly after boarding the coach. As a result, she is not aware of a large display of a sign inside the coach, behind the driver's seat, stating: 'ECC shall not be responsible for any damage to the luggage and property of the passenger.' One day, Lucy was awakened by a sudden stop of the coach, which was caused by the carelessness of the coach driver. Lucy hit her head at the back of the seat in front of her and therefore suffered injuries to her forehead and broke her glasses. Lucy sued ECC in negligence for her injuries and the damage to her glasses, but ECC relied on the exclusion clause and refused to pay her claimed compensation. Advise Lucy if the exclusion clause will affect her claim. Use case law and ordinance to support your answers. Lucy lives in Tung Chung and goes to work in Central by coach operated by Express Coach Company ("ECC") everyday. She buys her ticket from the driver every morning and she always falls asleep shortly after boarding the coach. As a result, she is not aware of a large display of a sign inside the coach, behind the driver's seat, stating: 'ECC shall not be responsible for any damage to the luggage and property of the passenger.' One day, Lucy was awakened by a sudden stop of the coach, which was caused by the carelessness of the coach driver. Lucy hit her head at the back of the seat in front of her and therefore suffered injuries to her forehead and broke her glasses. Lucy sued ECC in negligence for her injuries and the damage to her glasses, but ECC relied on the exclusion clause and refused to pay her claimed compensation. Advise Lucy if the exclusion clause will affect her claim. Use case law and ordinance to support your answers.

Answer rating: 100% (QA)

In this scenario Lucy has suffered injuries and property damage while traveling on a coach operated by Express Coach Company ECC ECC is relying on an ... View the full answer