Your friend is now doing a retail business. He opens Facebook, IG and other related social
media for the promotion of his shop. Because of COvid19, he has spotted an opportunity to
sell the Rapid Antigen Test (RAT) kits. He was introduced by a friend, to X Company which
provides several boxes of RAT kits, the brand name is called “Accurate”. The X Company
claims that, the “Accurate” has the accuracy rate of 96%, in which it can accurately detect
Omicron and its variants. In addition, X Company claims that this “Accurate” RAT kit has
been registered in the “EU Authorisation Lists” – which meant that this “Accurate” RAT kit
can be sold in the European Union countries. X Company also shows a letter which
demonstrates that “Accurate” RAT kit has been registered in the “EU Authorisation Lists”.
Your friend makes a video and post it on Facebook and IG, selling the “Accurate” RAT test.
In the video, he not only claims that the “Accurate” has the accuracy rate of 96%, he also
shows the letter – which is given by X Company – and claims that this RAT test has got the
registration and recognition in the “EU Authorisation Lists”.
Ultimately, it was reported in the media that, “Accurate” RAT test does not have the accuracy
of 96%, and there is no so-called “EU Authorisation Lists”. One consumer who buys the
“Accurate” RAT kits wants to sue your friend. Your friend asks you for help.
a. Would your friend violate the Sale of Goods Ordinance? If yes, please explain which
provisions are most likely to be used by the consumer. Please explain the legal principles and
relevant case laws to your friend;
b. Would your friend violate the Trade Description Ordinance? If yes, please explain which
provisions are most likely to be used by the consumer. Please explain the relevant legal
principles and relevant case laws to your friend; and
c. Another customer, Mr A, claimed that he has the negative test by using “Accurate” RAT
kit, but then he got the positive test in PCR test, one day after taking the “Accurate” RAT kit.
He wants to sue your friend of “negligence”. Do you think Mr A can succeed in his claim?
Please explain the relevant legal principles and case laws to your friend.