Question 2 (25 marks)

Patrick was a pupil in Hello Minnie Kindergarten. One day, when Patrick was playing in the

playground with his classmates, a workman Chan was repairing the hot water pump nearby.

Unfortunately, Chan accidently broke the pump. A lot of hot water splashed over the adjacent

playground and hurt Patrick. Patrick was seriously injured and had to stay in the hospital for

two months.

Chan was employed by Hang Fok Limited to do the repair works in the kindergarten. Before

commencement of the works, Hang Fok Limited had already warned him that there was high

risk of accidental leakage of hot water because of the poor condition of the pump.

Required:

(a) Discuss whether Chan would be liable for Patricks injury on the ground of negligence in

tort. You are required to cite a relevant case to support your answer. (19 marks)

(b) Discuss whether Hang Fok Limited is vicariously liable for the injury of Patrick caused by

Chans negligence. (6 marks)