Reference no: EM133245232

Case: The Peak School organized a package tour for Primary 5 students to go to various islands in Hong Kong, including a tourist resort at Lantau Island. The tour operator was Holiday Package Limited, a large and well-known package tour organizer providing accommodation, sightseeing services and other facilities in Hong Kong. It operated through contacting other organizations on different outlying islands. Holiday Package Limited's brochure stated that all the cruise operators "are competent and experienced in providing such services".

A party of Primary 5 children of the Peak School accompanied by Christina, the school teacher, went on tour through Holiday Package Limited. One afternoon they went on an expedition organized by Titanic Cruises on the sea near Tai O, in the western coast of Lantau Island. As the boat approached a dangerous section of the water near a jetty, the operator of the boat lost control and the boat began to rock dangerously. All children were screaming and three children, who were sitting next to Christina, were thrown into the water. Christina got a terrible shock and collapsed on the boat.

Tim, a fishman in Tai O, was fishing nearby and witnessed the accident. Although he was good at swimming and familiar with the part of the water, he was too busy fishing to help the children who were shouting for help in the water. Meanwhile, Chang who was standing on the jetty also witnessed this gruesome accident and tried to climb down the jetty to save the children. However, before he could do so he also fell into water. Wilson on a passing boat rescued the children and Chang and brought them back to the jetty. The children and Chang all suffered serious physical injuries. Wilson, who rented the boat from the Easy Boat Rental Company (EBR), had to pay overtime charge of 10,000 dollars due to his rescue attempt. The owner of the jetty, Kwong who had also witnessed the whole accident from his small office near the jetty suffered from nervous shock.

The children, Christina, Chang and Kwong were all taken to hospital. They were discharged from the hospital after a few days except Christina. Christina's condition exacerbated because she had been suffering from 'psycho syndrome' intermittently for one year in the past.

One night, three borstal teenagers escaping from a Correctional Institution of Lantau Island went to the jetty. They broke the windows of Kwong's office and stole 5,000 dollars in cash from his office drawer. When the boys attempted to escape by boat, they destroyed one of the EBR's boats which were moored to the jetty.

Question: Discuss whether the injured children, Christian, Chang, Willson, Kwong and the EBR can establish the duty of care against the relevant parties by using case law.