Assignment 29900

Sung Sang operates a small mobile device shop in Yuen Long, selling brand new and second-hand
mobile phones and the accessories, such as phone cases and batteries. Recently, the second-hand
phone sales had been surging, due to the Government’s compulsory requirements for all entrants of
public venue (e.g.: public markets and restaurants) to scan the QR code at the venue entrance, from
their mobile phones’ “LeaveHome Safe” App.
Sung Sang’s store manager Gavin Ma knew the customer, Mr. Mirror Fung long time ago. Mirror
recently received the Government’s HK$5,000 worth of Consumption Voucher, and eager to buy some
mobile phones from Sung Sang. Gavin knew that Mirror has an elderly father, who had retired from
his office due to the economic downturn caused by Pandemic recently. Gavin suggested Mirror to
spend all of his Consumption Voucher, to get two mobile phones. One is the latest model of
Foldable for himself and the other phone is for his father, a second-hand smart phone, capable of
scanning the QR code at public venue. Gavin promised that both mobile phones are of superior
quality with respective warranties (i.e.: new phone for 12 months and second-hand mobile for one
month). Mirror signed a contract with Gavin, in the name of Sung Sang to buy the two smart phones.
In this contract, Sung Sang disclaimed all liabilities with this statement “Sung Sang’s store shall not
be responsible for any defects in product sold, which caused by human errors or other unforeseeable
issues happened under warranty period whatsoever”. When Mirror’s father used the second-hand
smart phone for the 29th day, it could not be opened properly for scanning QR code. Father tried to
charge the phone in a proper home-use charging USB connector, it exploded and hurt his face.
Mirror had spent HK$1,000 to buy the second-hand smart phone and HK$30,000 for his father’s
medical expense. Mirror requested Sung Sang to compensate for his losses but Gavin denied its
liability based on the exemption clause written on the contract.