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Contract Law in Hong Kong: An Introductory Guide, 2nd Edition

Contract Law in Hong Kong: An Introductory Guide, 2nd Edition

Author: Stephen D. Mau
Publisher: Hong Kong University Press
ISBN: 9789888208630
Published In: August 2016
Format: Paperback , 160 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents
Author

Details

This is one in a series of introductory books providing readers with an overview of the most frequently encountered legal principles. This book presents an introduction to contract principles that apply in Hong Kong. The new edition has been updated to reflect the current state of the law and to include newer cases, both local and overseas. The organisational structure has been revised for easier comprehension while keeping to the sequence in which a legally binding agreement is usually encountered.

Contract Law in Hong Kong is an easy-to-understand reference book for students, practitioners, non-law professionals, and the general public.
Preface to the Second Edition
Preface to the First Edition
Acknowledgements
Table of Cases
Table of Legislation

1. Introduction
A. Overview
B. Organization
C. Definition

2. Classifications of Contract
A. Oral and Written Contracts
B. Contracts of Record and Simple Contracts
C. Unilateral Contracts
D. Collateral Contracts
E. Third Party Contracts and Privity
F. Formalities/Contracts Required to Be in Writing

3. Elements of a Contract
A. Intent
B. Agreement
i. Offer
1. Bilateral and unilateral contracts
2. Termination of offer
3. Options
ii. Acceptance
1. Postal Rule
2. Counter-offer
3. Invitation to treat
C. Consideration
i. Adequacy and Sufficiency of Consideration
ii. Past Consideration
iii. Performing an Outstanding Obligation
iv. Equitable Estoppel
v. Accord and Satisfaction

4. Contents
A. Certainty of Terms
B. Contractual Provisions
i. Expressed and Implied Terms
ii. Conditions and Warranties
iii. Representations
iv. Puff
v. Factors of Classifications
vi. Effects of Classification
vii. Determining Classification
viii. Intermediate Term
C. Exclusion Clauses
D. Void for Uncertainty

5. Vitiating Factors
A. Capacity
B. Lack of Genuine Consent
i. Misrepresentation: Generally
1. Innocent misrepresentation
2. Fraudulent misrepresentation
3. Negligent misrepresentation
ii. Mistake: Generally
1. Unilateral mistake
2. Common mistake
3. Mutual mistake
4. Non est factum
iii. Duress
iv. Undue Influence
v. Unconscionable Bargain
vi. Illegal and Void Contracts

6. Discharge of Contract
A. Performance
i. Substantial Performance
ii. Severable Contracts
iii. Part Performance
iv. Induced Non-performance
B. Agreement, Assignment, and Novation
C. Repudiation and Anticipatory Breach
D. Frustration
E. Breach

7. Damages and Remedies
A. Damages
i. Principles of Damages
ii. Types of Damages
B. Liquidated Damages
C. Specific Performance
D. Restrictions on Remedies

Notes
References
Index
Stephen D. Mau has more than twenty years of legal and business experience in the US and Hong Kong. He teaches in the Master of Science/Postgraduate Diploma in Construction Law and Dispute Resolution programme in the Department of Building and Real Estate at The Hong Kong Polytechnic University. He is also a Fellow of the Chartered Institute of Arbitrators and a HKMAAL accredited mediator (general). He has published articles in international arbitration journals as well as several books on Hong Kong law.