Law Contract Law

Ho & Hall: Hong Kong Contract Law, 5th Edition

By Stephen Hall
LexisNexis Hong Kong July 2019

Specifications

ISBN-13
9789888600229
Publisher
LexisNexis Hong Kong
Publication
July 2019
Format
Hardback , 999 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

Ho & Hall's Hong Kong Contract Law - Fifth Edition, written by Stephen Hall, is a comprehensive work which expertly identifies the unique local characteristics of Hong Kong contact law. The text balances theoretical and policy discussion with practical considerations, including clear illustrative examples of the law at work. It is the author's hope that this fifth edition of Betty Ho’s principal work on contract law can build on her legacy and make a contribution to the further emergence of a Hong Kong common law of contract.

 

Over the last approximately thirty years it is possible to discern an acceleration in the pace at which the common law in Hong Kong has been developing some distinctly local characteristics. The law of contract is no exception in this regard. Undoubtedly, the approaching end of British sovereignty had much to do with this development during the earlier part of the 1990s when the second edition of this book appeared. Since the foundation of the Hong Kong Special Administrative Region, a principal impetus has been the work of the new Court of Final Appea (CFA) which was established to replace the Privy Council as the highest court for the territory. The CFA was originally something of an experiment, but it is now possible to pronounce it a notable success. The localisation of Hong Kong’s highest court has contributed, and will almost certainly continue to contribute, significantly to the emergence of a Hong Kong common law. A consequence of these developments is the growing body of Hong Kong case law in traditional common law areas such as contract. This has been especially evident in the period since the end of British sovereignty. It is the author's hope that this fifth edition of Betty Ho’s principal work on contract law can build on her legacy and make a contribution to the further emergence of a Hong Kong common law of contract.

Table of Contents

1 Introduction
2 Agreement
3 Consideration
4 Intention
5 Form of Contract
6 Contents of Contract
7 Misrepresentation
8 Mistake
9 Duress, Undue Influence and Unconscionability
10 Incapacity
11 Illegality
12 Joint Obligations and Joint Rights
13 Privity
14 Assignment
15 Performance
16 Discharge and Variation by Agreement
17 Discharge by Frustration
18 Discharge by Breach
19 Remedies
20 Limitation of Actions
21 Estoppel
22 Unjust Enrichment
23 Conflict of Laws

About the Author

Professor Stephen Hall

LLB (Queensland), LLM (Hons) (UTS), DPhil (Oxford), Professor, Faculty of Law, The Chinese University of Hong Kong Professor Stephen Hall was a member of the Faculty of Law at the University of New South Wales for six years where he was also Director of the European Law Centre. He has been admitted as a barrister and solicitor in Australia, and practised law with the Australian Attorney-General's Department for nine years mainly in the areas of administrative law and judicial review. He was foundation director of the Juris Doctor (JD) programme at the City University of Hong Kong and is foundation director of the JD and JD/MBA programmes at The Chinese University of Hong Kong. Professor Hall's areas of research and teaching interest are: the traditions of the Natural Law and the Common Law, International Law, European Union Law, and Contract Law.

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