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Law of Contract in Hong Kong: Cases and Commentary, 3rd Edition

Law of Contract in Hong Kong: Cases and Commentary, 3rd Edition

  • Author:
  • Publisher: LexisNexis Hong Kong_
  • ISBN: 9789888111466
  • Published In: August 2011
  • Format: Paperback
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only
New Edition is available now !
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  • Description 
  • Contents 
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Among the many important changes which Hong Kong has experienced over the last couple of decades is the gradual, and continuing, emergence of a distinctively local common law. The common law of contract is no exception, and 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. 


This book provides a careful selection of the most important or illustrative cases in contract law drawn primarily from Hong Kong, England and the Commonwealth. It is not, however, simply a casebook. It also includes extensive commentary and analysis exploring the similarities and emerging differences among the jurisdictions with particular reference to the ongoing development of the law in Hong Kong.

The Hong Kong cases included in this book develop or expound upon the common law of contract in a significant way, indicate some degree of doctrinal convergence 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 carefully extracted and explained in a way that is of relevance to Hong Kong.

The Commonwealth cases included are those that expound rules or principles followed in both England and Hong Kong, those that doctrinally diverge from English law in a way that has attracted judicial interest in Hong Kong, or those that present a well-reasoned refusal to follow English authority in a context likely to be of importance in Hong Kong. The third edition is significantly revised and expanded, and includes a new section on the historical development of the common law of contract. It also incorporates a foreword by Sir Ti Liang Yang, GBM, SPMB, JP (Chief Justice of Hong Kong from 1988 to 1996 and President of the Brunei Court of Appeal from 1988 to 1993).

  • CHAPTER 1 Function and Sources of Contract Law in Hong Kong
  • CHAPTER 2 Formalities
  • CHAPTER 3 Offer and Acceptance
  • CHAPTER 4 Certainty of Terms
  • CHAPTER 5 Consideration
  • CHAPTER 6 Estoppel
  • CHAPTER 7 Intention to Create Legal Relations
  • CHAPTER 8 Express Terms
  • CHAPTER 9 Implied Terms
  • CHAPTER 10 Conditions, Warranties and Innominate Terms
  • CHAPTER 11 Exemption Clauses
  • CHAPTER 12 Misrepresentation
  • CHAPTER 13 Mistake
  • CHAPTER 14 Duress, Undue Influence and Unconscionability
  • CHAPTER 15 Illegality and Public Policy
  • CHAPTER 16 Privity
  • CHAPTER 17 Discharge by Frustration
  • CHAPTER 18 Discharge by Performance, Agreement and Breach
  • CHAPTER 19 Remedies for Breach of Contract

Stephen Hall

LLB(Queensland), LLM(Hons)(UTS), DPhil(Oxford), Professor, School of Law The Chinese University of Hong Kong

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