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Contract Law in Hong Kong: A Comparative Analysis

Contract Law in Hong Kong: A Comparative Analysis

  • 作者:
  • 出版商: Hong Kong University Press
  • ISBN: 9789888208890
  • 出版时间 May 2016
  • 规格: Paperback , 334 pages
  • 适应领域: Hong Kong ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥325.50

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    Contract Law in Hong Kong: A Comparative Analysisprovides readers with a clear understanding of contract law in Hong Kong as well as its counterpart in England. It enables readers to navigate a vast number of Hong Kong and English contract law cases more efficiently and effectively, gaining a full picture of the subject in the process. The book is divided into thirteen chapters. Each chapter opens with a summary of the main propositions in the relevant area, followed by detailed analysis and case law discussion. It also explores Hong Kong’s developments of contract law and incorporation of English contract law, as well as its deviations from other common law jurisdictions. The text is supplemented by supporting references in the notes and by suggestions for further reading in the bibliography.

    Contract Law in Hong Kong has been designed to be a textbook for teaching. It is also an ideal reference work for practitioners and other interested parties, such as arbitrators, jurists, and business people.

  • Preface
    Acknowledgements
    About the Authors

    Chapter 1.  Main Features of Contract Law in Hong Kong
    1.  Characteristics of Contract Law in Hong Kong para
    2.  The Objective Principle and ‘Freedom of Contract’
    3.  Contract and Tort Law
    4.  Contract and Restitution or Unjust Enrichment
    5.  Common Law and Equity
    6.  Good Faith
    7.  The Codification Question
    8.  European Union Law
    9.  Harmonisation of Contract Law in the Greater China Region

    Chapter 2.  Abortive Negotiations and the Pre-formation Stage
    1.  Introduction
    2.  Abortive Negotiations
    3.  Negotiation Agreements

    Chapter 3.  Establishing Consensus: Offer and Acceptance and Certainty
    1.  Introduction
    2.  ‘Invitations to Treat’ and ‘Offers’ Distinguished
    3.  Invitations to Treat
    4.  The Process of Offer and Acceptance in General
    5.  Acceptances
    6.  Counter-offers, Rejection of Offers, Lapse of Time for Valid Acceptance
    7.  Battle of the Forms
    8.  Auctions, Tenders, and Sealed Bid Competitions
    9.  The Objective Principle
    10. Problems of Uncertainty
    11. Establishing the Price in Contracts for the Sale of Goods

    Chapter 4.  Consideration and Intent to Create Legal Relations
    1.  Introduction
    2.  Formalities
    3.  The Consideration Doctrine: Formation of Contracts
    4.  Consideration and Promises to Pay More than the Original Rate
    5.  Consideration and Promises to Reduce or Extinguish a Debt
    6.  Intent to Create Legal Relations

    Chapter 5.  Third Party Rights and Assignment
    1.  Introduction to Third Party Rights
    2.  The Common Law Doctrine of Privity
    3.  The Hong Kong Contracts (Rights of Third Parties) Ordinance (Cap 623)
    4.  Assignment of Rights
    5.  Modes of Assignment
    6.  Extent of the Assigned Right
    7.  Non-assignable Rights
    8.  Assignment Distinguished from Other Doctrines

    Chapter 6.  Misrepresentation and Mistake
    1.  Introduction to Misrepresentation and Mistake
    2.  Nature of a Misrepresentation
    3.  Tort Claims for Culpable Misrepresentations
    4.  Damages under Section 3(1) of the Misrepresentation Ordinance (Cap 284)
    5.  Rescission ab initio
    6.  Statements Becoming Contractual Terms or Collateral Warranties
    7.  Duties to Disclose
    8.  Common Law and Statutory Control of Exclusion Clauses Concerning Misrepresentation
    9.  Summary of Mistake
    10. Shared Mistake at Common Law
    11. No Rescission for Shared Mistake in Equity
    12. Unilateral Error Concerning the Subject Matter
    13. Mistake Concerning a Party’s Identity
    14. Leading Cases Concerning Mistake as to Identity

    Chapter 7.  Duress, Undue Influence, and Unconscionability
    1.  Introduction
    2.  Duress
    3.  Undue Influence
    4.  Unconscionability or Exploitation (Non-statutory)

    Chapter 8.  Express and Implied Terms and Exclusion Clauses
    1.  Express Terms, Including Special Terms
    2.  Implied Terms in General
    3.  Terms Implied in Law
    4.  Terms Implied in Fact
    5.  Implied Terms: Custom or Trade Usage
    6.  Exclusion Clauses
    7.  Incorporation of Exclusion Clauses
    8.  Control of Exclusion Clauses at Common Law
    9.  Control of Exemption Clauses Ordinance (1997)
    10. Unconscionable Contracts Ordinance (1994)

    Chapter 9.  Interpretation of Written Contracts and Rectification
    1.  Interpretation of Written Contracts
    2.  Rectification

    Chapter 10. Frustration
    1.  Introduction
    2.  Legal and Physical Impossibility
    3.  Difficulty and ‘Impracticability’: No Frustration
    4.  Frustrating Delay and Frustration of the Venture
    5.  Self-Inducement and Choice
    6.  Aftermath of Frustration
    7.  Termination of Contracts of Indefinite Duration

    Chapter 11. Breach and Performance
    1.  Introduction
    2.  Strict or Non-strict Obligations and Deliberate Breach
    3.  Entitlement to Terminate for Breach
    4.  Renunciation and Repudiation Distinguished
    5.  Termination for Breach of Condition
    6.  Breach of an Intermediate or Innominate Term
    7.  Anticipatory Breach
    8.  Nature of Termination for Breach
    9.  The Entire Obligation Rule

    Chapter 12. Remedies for Breach of Contract
    1.  Introduction
    2.  Debt
    3.  Damages for Breach of Contract
    4.  Specific Performance and Injunctions
    5.  Restitutionary Claims
    6.  Declarations
    7.  Liquidated Damages
    8.  Deposits

    Chapter 13. Illegality and Public Policy
    1.  Introduction
    2.  Agreements to Commit a Legal Wrong
    3.  Incidental Illegality during Performance: A Flexible Approach
    4.  Agreements Prohibited by Statute
    5.  Gambling Contracts
    6.  Public Policy
    7.  Is the Claimant Implicated in the Unlawful Performance?
    8.  Consequences of Illegality

    Bibliography
    Index

  • Neil Andrews is professor of civil justice and private law at the University of Cambridge, and fellow of Clare College, Cambridge. He was called to the English Bar in 1981 and became Bencher of Middle Temple in 2007. He is also a member of the American Law Institute and a praesidium member of the International Association of Procedural Law. He has lectured and examined in Hong Kong.

    Fan Yang was called to the Bar of England and Wales in 2005. She is a fellow of the Chartered Institute of Arbitrators (FCIArb) and a fellow of the Higher Education Academy (FHEA), and is currently an assistant professor in the School of Law, City University of Hong Kong.

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