24 Jun 1997
LEE FAI and Another v. TUNG WAH GROUP OF HOSPITALS
- Citation
- LEE FAI and Another v. TUNG WAH GROUP OF HOSPITALS
- Court
- Court of Appeal
- Case number
- CACV40/1997
Leave to issue a third party notice was refused because the defendants failed to show the plaintiffs had a cause of action against the parents for the same damage; failure by carers to mitigate does not constitute a separate tort giving rise to contribution, and the defendant is liable only for damage flowing from its breach which can be adjusted at trial for mitigation.