Project Runway Ltd is a limited company (‘the Company’) which engages in the business of designing and making ladies’ evening gowns. Recently, Miss Heidi, a designer in the Company, was using a sharp needle to sew material samples and negligently injured the left eye of Miss Gisele, a wealthy customer of the Company. Before the accident, Heidi had warned Gisele not to stand close to her, but Gisele ignored the warning. Gisele stood behind Heidi without Heidi noticing and the accident took place when Heidi pulled the needle backwards. Gisele was badly injured and suffered a permanent loss of vision in her left eye. Gisele wanted to sue the Company and Heidi. She estimated that her claim would be about HK$5 million. She wishes to know how the case should be processed and would like to seek some advice. Miss Gisele was previously a very successful business woman. Ever since she lost her eyesight in her left eye, she has been very depressed and wanted to appoint an agent to look after all her business. She knew nothing about the law of agency and consulted a lawyer for a legal opinion. Required:
a Advise Gisele in what cause of action she can sue Heidi and how she would proceed to prove her case.
b Is there any other party that Gisele can claim against besides Heidi? Is there any possible defence (s) available to Heidi if she is being sued by Gisele? In your answer, also explain the types of damages that Gisele can claim.
c Give an account in detail about the various kinds of authority of an agent and explain how Gisele can appoint an agent.