This handbook is a detailed work of reference containing up to date commentary on seven Ordinances and includes supporting sections from three further Ordinances, including the Sale of Goods Ordinance (Cap 26), Factors Ordinance (Cap 48), Control of Exemption Clauses Ordinance (Cap 71), Misrepresentation Ordinance (Cap 284), Supply of Services (Implied Terms) Ordinance (Cap 457), Unconscionable Contracts Ordinance (Cap 458), Contracts (Rights of Third Parties) Ordinance (Cap 623), Limitation Ordinance (Cap 347) (s 4), Law Amendment and Reform (Consolidation) Ordinance (Cap 23) (ss 11, 13-18, 21 and 23) and Electronic Transactions Ordinance (Cap 553) (ss 17-19).
Butterworths® Hong Kong Contract Law Handbook - Fourth Edition is a detailed work of reference containing a general introduction to the law of contract in Hong Kong and up-to-date annotated materials on the following:
• Sale of Goods Ordinance (Cap 26)
• Factors Ordinance (Cap 48)
• Control of Exemption Clauses Ordinance (Cap 71)
• Misrepresentation Ordinance (Cap 284)
• Supply of Services (Implied Terms) Ordinance (Cap 457)
• Unconscionable Contracts Ordinance (Cap 458)
• Contracts (Rights of Third Parties) Ordinance (Cap 623)
• Limitation Ordinance (Cap 347) (s 4)
• Law Amendment and Reform (Consolidation) Ordinance (Cap 23) (ss 11, 13-18, 21 and 23)
• Electronic Transactions Ordinance (Cap 553) (ss 17-19)
All relevant cases and legislation are succinctly discussed in this practical guide for legal practitioners and students. The enhancements within this Fourth Edition makes this handbook a more comprehensive guide and will also be an invaluable source of information for businesspersons, company directors, HR professionals, importer-exporters and all those involved in the drafting of commercial agreements.
This work has been adopted as a recommended text at several law and business courses within the University of Hong Kong, City University of Hong Kong, The Chinese University of Hong Kong, and the Hong Kong Polytechnic University.
What's new in this edition
Control of Exemption Clauses Ordinance (Cap 71)
- New detailed commentary on the principles governing the proper identification and interpretation of exclusion clauses, and the importance of distinguishing “exclusion clauses” from “basis clauses”.
- The issue also brings in the Annotated Ordinance of Cap. 23, Cap. 457 and Cap. 623 by considering recent cases and updates the commentaries thereto.
Misrepresentation Ordinance (Cap 284)
- Discusses cases concerning the relationship between misrepresentation claims based on the Ordinance and those under the common law, e.g. on whether an action can be brought against a party not privy to the contract, and on whether damages in lieu of rescission is possible under the Ordinance if a common law bar against rescission is established. Specifically highlighted are cases Lim Yi Shenn v Wong Yuen Yee [2015] HKCU 219 (unreported, HCA 1323/2010, 29 January 2015); and Salt v Stratstone Specialist Ltd [2015] EWCA Civ 745.
- Updates the commentary on the controversial Hong Kong case law on the distinction between "basis" and "exclusion" clauses in the misrepresentation context Particularly highlighted are Yang Dandan v Hong Kong Resort Co Ltd [2015] 6 HKC 126, Li Kwok Heem John v Standard Chartered International (USA) Ltd [2016] 1 HKC 535, DBS Bank (Hong Kong) Ltd v Sit Pan Jit [2016] 5 HKC 104 and Chang Pui Yin v Bank of Singapore Ltd [2017] 4 HKLRD 458, [2017] HKCU 1817.
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