A new edition of the textbook for Hong Kong contract law students.
This fourth edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The sixteen chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations, including over 200 new cases since the third edition. The book deals with the core areas of contract law. The new legislative rules, such as the Contract Ordinance regarding the rights of third parties, have also been covered.
The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, "vitiating" elements, the consequences of illegality, the termination of contracts, and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and the legislative reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong.
This fourth edition of Contract Law in Hong Kong is the most comprehensive contemporary textbook on Hong Kong contract law written primarily for law students. The sixteen chapters of the book cover all basic contract concepts in a reader-friendly style and make ample use of case illustrations, including over 200 new cases since the third edition. The book deals with the core areas of contract law. The new legislative rules, such as the Contract Ordinance regarding the rights of third parties, have also been covered.
The first two chapters introduce the major themes and explain the multiple sources of law in Hong Kong. The subsequent thirteen chapters cover the formation of a valid contract, its contents, "vitiating" elements, the consequences of illegality, the termination of contracts, and remedies for breach of contract. The book concludes with an explanation of the doctrine of privity and the legislative reform of the operation of privity in Hong Kong. Particular attention is given to what makes Hong Kong law different from other common law jurisdictions, and to the continuing significance of English case law in Hong Kong.
Table of Contents
Preface
Table of Cases
Table of Legislation
Chapter 1. The Nature of Contract Law in Hong Kong
Overview
1.1 What Contract Is
1.2 The Function of Contract Law
1.3 Is Hong Kong’s Contract Law “Special”?
Chapter 2. Sources of Hong Kong Contract Law
Overview
2.1 Hong Kong Contract Law before 1997
2.2 The Effect of the “Handover” and the Basic Law: Hong Kong’s Present System
2.3 The Declaratory Theory of Judicial Precedent
2.4 The Continuing Influence of English Law in Practice
Chapter 3. Agreement
Overview
3.1 The Significance of Agreement
3.2 The Requirement of Offer and Acceptance
3.3 Offer Distinguished from Invitation to Treat
3.4 The Nature of Acceptance
3.5 Communication of Acceptance
3.6 Acceptance in Ignorance of the Offer
3.7 Termination of Offer
3.8 Certainty of Agreement
3.9 The “Objective” Test of Agreement
Chapter 4. Consideration
Overview
4.1 The Nature of Consideration
4.2 Past Consideration
4.3 Consideration Must Move from the Promisee
4.4 Sufficiency of Consideration
4.5 Performance of Existing Duty
4.6 Part-payment of a Debt
4.7 Promissory Estoppel
4.8 The Need for the Doctrine
4.9 Do We Still Need Consideration?
Chapter 5. Intention to Create Legal Relations
Overview
5.1 Is Intention Necessary?
5.2 Domestic and Social Arrangements
5.3 Commercial Arrangements
Chapter 6. Contractual Capacity
Overview
6.1 Drunkenness and Mental Incapacity
6.2 Corporations
6.3 Minors (Infants)
Chapter 7. Formality
Overview
7.1 The General Rule
7.2 Contracts Required to Be under Seal
7.3 Contracts in Writing or Evidenced in Writing
Chapter 8. Contractual Terms
Overview
8.1 Representations and Terms
8.2 Written Contracts: The Parol Evidence Rule
8.3 The “Meaning” of Express Terms
8.4 Implied Terms
8.5 Classification of Terms: Conditions, Warranties, and Innominate Terms
8.6 Exemption Clauses
Chapter 9. Misrepresentation
Overview
9.1 The Scope of Misrepresentation
9.2 Rescission for Misrepresentation
9.3 Damages for Misrepresentation
9.4 Contributory Negligence
9.5 Exemption of Liability for Misrepresentation
Chapter 10. Mistake
Overview
10.1 Is a Doctrine of Mistake Necessary?
10.2 Types of Mistake
10.3 Common Mistake
10.4 Mutual Mistake
10.5 Unilateral Mistake
10.6 Rectification of Written Documents
10.7 Non Est Factum
10.8 Proposals for Reform
Chapter 11. Duress and Undue Influence
Overview
11.1 Duress
11.2 Undue Influence
Chapter 12. Unconscionability
Overview
12.1 Statutory Unconscionability in Hong Kong
12.2 Unconscionability at Common Law
Chapter 13. Illegal Contracts
Overview
13.1 Types of Illegal Contracts
13.2 Gambling Contracts
13.3 The Effects of Illegality
13.4 Contracts in Restraint of Trade
Chapter 14. Termination of Contract
Overview
14.1 Termination by Agreement
14.2 Termination by Performance
14.3 Termination via Breach
14.4 Termination by Frustration
Chapter 15. Remedies for Breach of Contract
Overview
15.1 Damages
15.2 Equitable Remedies
15.3 Limitation of Actions
Chapter 16. Privity of Contract
Overview
16.1 The Doctrine of Privity of Contract
16.2 Third Party Benefits
16.3 Third Party Burdens
16.4 The Relationship with Consideration
16.5 Legislative Reform
Appendix 1: Glossary of Terms
Appendix 2: Important Contract Legislation: English and Hong Kong Equivalents
Appendix 3: Limitation Periods: English and Hong Kong Equivalents
Bibliography
Index
Table of Cases
Table of Legislation
Chapter 1. The Nature of Contract Law in Hong Kong
Overview
1.1 What Contract Is
1.2 The Function of Contract Law
1.3 Is Hong Kong’s Contract Law “Special”?
Chapter 2. Sources of Hong Kong Contract Law
Overview
2.1 Hong Kong Contract Law before 1997
2.2 The Effect of the “Handover” and the Basic Law: Hong Kong’s Present System
2.3 The Declaratory Theory of Judicial Precedent
2.4 The Continuing Influence of English Law in Practice
Chapter 3. Agreement
Overview
3.1 The Significance of Agreement
3.2 The Requirement of Offer and Acceptance
3.3 Offer Distinguished from Invitation to Treat
3.4 The Nature of Acceptance
3.5 Communication of Acceptance
3.6 Acceptance in Ignorance of the Offer
3.7 Termination of Offer
3.8 Certainty of Agreement
3.9 The “Objective” Test of Agreement
Chapter 4. Consideration
Overview
4.1 The Nature of Consideration
4.2 Past Consideration
4.3 Consideration Must Move from the Promisee
4.4 Sufficiency of Consideration
4.5 Performance of Existing Duty
4.6 Part-payment of a Debt
4.7 Promissory Estoppel
4.8 The Need for the Doctrine
4.9 Do We Still Need Consideration?
Chapter 5. Intention to Create Legal Relations
Overview
5.1 Is Intention Necessary?
5.2 Domestic and Social Arrangements
5.3 Commercial Arrangements
Chapter 6. Contractual Capacity
Overview
6.1 Drunkenness and Mental Incapacity
6.2 Corporations
6.3 Minors (Infants)
Chapter 7. Formality
Overview
7.1 The General Rule
7.2 Contracts Required to Be under Seal
7.3 Contracts in Writing or Evidenced in Writing
Chapter 8. Contractual Terms
Overview
8.1 Representations and Terms
8.2 Written Contracts: The Parol Evidence Rule
8.3 The “Meaning” of Express Terms
8.4 Implied Terms
8.5 Classification of Terms: Conditions, Warranties, and Innominate Terms
8.6 Exemption Clauses
Chapter 9. Misrepresentation
Overview
9.1 The Scope of Misrepresentation
9.2 Rescission for Misrepresentation
9.3 Damages for Misrepresentation
9.4 Contributory Negligence
9.5 Exemption of Liability for Misrepresentation
Chapter 10. Mistake
Overview
10.1 Is a Doctrine of Mistake Necessary?
10.2 Types of Mistake
10.3 Common Mistake
10.4 Mutual Mistake
10.5 Unilateral Mistake
10.6 Rectification of Written Documents
10.7 Non Est Factum
10.8 Proposals for Reform
Chapter 11. Duress and Undue Influence
Overview
11.1 Duress
11.2 Undue Influence
Chapter 12. Unconscionability
Overview
12.1 Statutory Unconscionability in Hong Kong
12.2 Unconscionability at Common Law
Chapter 13. Illegal Contracts
Overview
13.1 Types of Illegal Contracts
13.2 Gambling Contracts
13.3 The Effects of Illegality
13.4 Contracts in Restraint of Trade
Chapter 14. Termination of Contract
Overview
14.1 Termination by Agreement
14.2 Termination by Performance
14.3 Termination via Breach
14.4 Termination by Frustration
Chapter 15. Remedies for Breach of Contract
Overview
15.1 Damages
15.2 Equitable Remedies
15.3 Limitation of Actions
Chapter 16. Privity of Contract
Overview
16.1 The Doctrine of Privity of Contract
16.2 Third Party Benefits
16.3 Third Party Burdens
16.4 The Relationship with Consideration
16.5 Legislative Reform
Appendix 1: Glossary of Terms
Appendix 2: Important Contract Legislation: English and Hong Kong Equivalents
Appendix 3: Limitation Periods: English and Hong Kong Equivalents
Bibliography
Index