Foundations of Contract Law in Hong Kong - Eighth Edition includes crucial updates, as follows:
Among the many important changes that Hong Kong has experienced or endured over the past three decades is the gradual and continuing emergence of the distinctively local common law. The common law of contract is no exception. It is now increasingly possible to speak of a Hong Kong law of contract that is not a mere facsimile of the English common law. The goal of this eighth edition is to advance the understanding and appreciation of Hong Kong’s law of contract in a way relevant to students, scholars, and practitioners alike.
This new edition features, comprehensive legal updates, extensive original commentary, and analysis exploring the similarities and emerging differences among the jurisdictions with particular reference to the ongoing developments of the law in Hong Kong. It situates contract law in the broader context of a common law tradition that is essentially customary in character and reflects the reasonable expectations of a free people.
This book also provides a carefully curated and edited selection of the most important or illustrative authorities in contract law drawn primarily from Hong Kong, England, and the wider common law world. The Hong Kong authorities included in this book develop or expound upon the common law of contract in a significant way, indicate some degree of doctrinal divergence from England, or illustrate the way in which a rule or principle works in a distinctively Hong Kong setting. The principal English authorities, which furnish the basic framework of the common law of contract, are extracted and explained in a way that is of relevance to Hong Kong. Recent developments in other common law jurisdictions that are likely to influence the future direction of Hong Kong law are also included.
Some of the more important changes or additions reflected in this eighth edition include:
1. The law of part performance (e.g. Ng Yuk Pui Kelly v Ng Lai Ling Winnie (2021) 24 HKCFAR 401 (CFA));
2. The effect of signatures in a ‘battle of forms’ (e.g. TRW Ltd v Panasonic Industry Europe GmbH [2021] ILPr 42 (CA, Eng));
3. The unilateral determination of terms and facts (e.g. Braganza v BP Shipping Ltd, The British Unity [2015] 4 All ER 639 (SC, Eng);
4. Practical benefit and compromise of debt (e.g. Cheng Mei Ling v Lam Siu Chor Sharen [2020] HKCU 4150 (CFI));
5. Statutory remedies and implied terms (e.g. Lau Chun Ming v Deloitte Touche Tohmatsu [2021] 2 HKLRD 706 (CA));
6. Contractual interpretation (e.g. Eminent Investments (Asia Pacific) Ltd v DIO Corp (2020) 23 HKCFAR 487 (CFA));
7. Contractual estoppel (e.g. First Tower Trustees Ltd v CDS (Superstores International) Ltd [2019] 1 WLR 637 (CA, Eng));
8. Contributory negligence and damages for misrepresentation and economic duress (e.g. Times Travel (UK) Ltd v Pakistan International Airlines Corp [2023] AC 101 (SC, Eng));
9. Frustration and force majeure (e.g. The Centre (76) Ltd v Victory Serviced Office (HK) Ltd [2020] HKCU 4037 (CFI), Holdwin Ltd v Prince Jewellery and Watch Co Ltd [2021] HKCU 4494 (CFI)); and
10. Negotiating damages (e.g., One Step (Support) Ltd v Morris-Garner [2019] AC 649 (SC, Eng), Law Ting Pong Secondary School v Chen Wai Wah [2021] 5 HKC 452 (CA)).
