Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Scienter

  • 6 Jul 2015

    LO KA YUE v. LEUNG CHUN KIT AND ANOTHER

    Citation
    LO KA YUE v. LEUNG CHUN KIT AND ANOTHER
    Court
    District Court
    Case number
    DCPI1562/2012

    Judge found plaintiff was bitten at the defendants' premises but plaintiff failed to prove the dog had a propensity to bite or that D1 knew of such propensity; D2 was not an occupier for OLO purposes; although D1 owed a common duty to visitors, there were no special circumstances making a bite reasonably foreseeable and therefore no breach of duty; claim dismissed and defendants entitled to costs.

  • 8 Oct 2010

    CHIANG KI CHUN IAN v. LI YIN SZE

    Citation
    CHIANG KI CHUN IAN v. LI YIN SZE
    Court
    District Court
    Case number
    DCPI2067/2009

    Defendant was negligent for failing to take simple, foreseeable precautions (supervision or removal of dog from reach) when hosting unsupervised visiting children; scienter not established but negligence is made out under the second limb of liability for domestic animals; plaintiff, a 9-year-old, was not contributorily negligent; defendant liable to pay damages of HK$132,062 plus interest and costs.

  • 20 Feb 2008

    CAPITLY, ELNA LANUZA v. AUREA ELOISA SALES AND ANOTHER

    Citation
    CAPITLY, ELNA LANUZA v. AUREA ELOISA SALES AND ANOTHER
    Court
    District Court
    Case number
    DCPI580/2007

    Judge found plaintiff not credible on material aspects, preferred defendant's witness (Alecia) to plaintiff's untested witness (John), found no established propensity to mischief by the dog and that the plaintiff kicked the dog which had calmed down, making the bite a direct and sole consequence of the plaintiff's assault; therefore scienter not established and defendants not negligent, so claim dismissed.