4 Feb 2005
JERRY CHEN v. WHIRLPOOL (HONG KONG) LTD
- Citation
- JERRY CHEN v. WHIRLPOOL (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCPI787/2001
Defendant not vicariously liable: no evidence defendant controlled Whirlpool Narcissus or Zheng, the car was hired by Whirlpool Narcissus, and the necessary nexus of control/agency was absent; plaintiff's services were effectively transferred to Whirlpool Narcissus making that entity responsible for safety; the contractual term to provide a car and driver is not a non-delegable obligation to make defendant liable for acts of a third‑party driver; Zheng was a reasonably competent driver, therefore defendant not liable.