Hong Kong Case Law

28 Feb 1996

DENSE BILLION LTD v. HUI TING SUNG AND OTHERS

Citation

DENSE BILLION LTD v. HUI TING SUNG AND OTHERS

Court

Court of Appeal

Case number

CACV135/1995

Appeal allowed: defendant, as bailee for reward, failed to discharge onus of proving it took reasonable care; the third party driver's negligent failure to follow mandatory parking instructions was within the course of employment so defendant was vicariously liable for loss of goods; the exemption clause did not, in ordinary meaning, cover negligence; defendant entitled to indemnity from third party driver.

• Exemption clause interpretation
• Scope of employment
• Burden of proof
• Indemnity
• Foreseeability

KARL WIDENMANN v. BANQUE DE L\' INDOCHINE

Citation

KARL WIDENMANN v. BANQUE DE L\' INDOCHINE

Court

Court of First Instance

Case number

HCA1514/1972

The court found the Swiss Credit Bank was defendant's sub‑agent and negligent in failing to advise non‑payment, but the plaintiff's signed application contained an exemption clause broad enough to absolve the defendant from liability for acts or omissions of its correspondent/sub‑agent including negligence; accordingly defendant was not liable and its counterclaim for the outstanding debt succeeded.

• Breach of contract
• Negligence
• Vicarious/sub-agent liability
• Exemption clause interpretation
• Estoppel
• Counterclaim for debt