Law Contract Law

Construction of Commercial Contracts in Hong Kong (Student Edition)

By Lee Mason
LexisNexis Hong Kong_ September 2017

Specifications

ISBN-13
9789888389728
Publisher
LexisNexis Hong Kong_
Publication
September 2017
Format
Paperback , 124 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

A clear and straightforward introduction to the principles of construction of commercial contracts in Hong Kong

It is essential for any commercial lawyer to have a solid grasp of the principles of construction (or interpretation) of contractual terms, enabling them to anticipate how those terms are likely to be construed by the court, for the purposes of giving advice and drafting contractual documents. The process of construction is essentially intuitive in nature, with no rules but only fundamental guiding principles which have evolved from a large body of case law and which, indeed, continue to evolve.

This book is designed to be an easily accessible guide to provide a concise and straightforward introduction to the principles of construction of commercial contracts in Hong Kong, considering both local and selected comparative approaches as and where they may be influential in Hong Kong. As well as examining the guiding principles of contractual construction, the book further considers related concepts, such as implied terms, rectification and estoppel by convention, which are also highly relevant to the overall construction issue.

 

Remarks: Student Edition only sell to students. Please submit order first, then email a scan copy of your student ID to [email protected] to prove your student identity and quote your order number. We will process your order then. 

Table of Contents

Introduction
Ch 1 Establishing the objective intent of parties
Ch 2 Considering the text and context of the written contract
Ch 3 Comprehending the meaning of words used in the written contract
Ch 4 Implying terms into the written contract
Ch 5 Amending the words of the contractual document
Ch 6 Using estoppel to bind the parties to a common understanding
App 1 Interpreting a price adjustment clause
App 2 Interpreting a business interruption clause
App 3 Interpreting a professional indemnity clause
App 4 Interpreting an arbitration clause
App 5 Interpreting an interruption of contract clause
App 6 Does the contract inadvertently confer rights of enforceability on third parties
App 7 Interpreting a business interruption clause (diagram)
App 8 Three key components of a force majeur clause
App 9 Sample structure of a commercial contract

About the Author

Lee Mason
LLB (Hons), LLM, MCIArb, Barrister-at-Law (England & Wales), Mediator (CEDR & HKMAAL Accredited)
Lee Mason has spent several years lecturing law, including at The University of Hong Kong on the JD, LLB and LLM programmes, serving as Course Convenor for both “Law of Contract” and “Construction of Commercial Contracts”. Prior to joining HKU, he lectured at a top law school in Germany, and currently lectures part-time at the HKU School of Professional and Continuing Education.

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