香港大学 侵权法 hku tort josiah tutorial-12.docx

2016.03.04ECO s 142 years Why is ECO described as no-fault compensationNot based on fault, but the relationship of employer and employee and suffering of employeeS 2(1), s 5(1)The police can stillS 25 for third party attackS 25(1)(a) 25(1)(b) employer has the right against a third partyWhat if employer is partly to blame along with a third party?Cap 377 Civil Liability (Contribution) OrdinanceDoes employer still have common law right to sue the employer together with ECOYes, common law right is usually higher than the amount of damage in ECOS 26(1) specifically double recovery is not allowed. Damages claimed under ECO will be deductedECO is calculated is subject to an upper limitWill compensation be awarded by an ECO action if a common law award has been obtained that covers the claims made in ECO proceedings?No (what’s the case?Sicne CN does not reduce an ECO awrd, in caases of substantial CN, it is possible ECO awared may be higher thatn that in common law. Where an injured employee elects to bring a civil action in court rather than an administrative claim under ECO, if the court action fails the employee may still recover under ECO, although court “may deduct from such compensation all or part of the costs, which in its judgement, have been caused by P bringing the action instead of proceeding under ECO s 26(2). Moreover, ECO s 26(3): where civil action ends in a finding of CN, employee may elect to recover under eco s 26)2_or in the civil action, but not both. S 26(4), the court may at its discretion, order that interest be paid on part or all of an ECO s 26(2) award.No compensation for “pain and suffering’ under ECOCompensation under ECO is limited to three main heads: 1 loss of earnings or earning capacity, medical expenses and cost and Death/ permanent/ partial/ total – Lump sumTemporary injury: s 6-10ECO regime mandatoryYes S 31(1)Employer is not in position for giving awards protection for employer Insurance s 40S 44 employee is entitled to cover S 18, s