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Foundations of Contract Law in Hong Kong, 8th Edition

Foundations of Contract Law in Hong Kong, 8th Edition (Formerly called "Law of Contract in Hong Kong: Cases and Commentary")

作者： Stephen Hall
出版商： LexisNexis Hong Kong_
ISBN: 9789888815272
出版时间 August 2023
规格： Paperback , 1068 pages
适应领域： Hong Kong ? 免责申明：
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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)).
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: Contractual Intention

Chapter 6: Consideration

Chapter 7: Variation

Chapter 8: Estoppel: Promissory, Proprietary, and Equitable

Chapter 9: Express Terms

Chapter 10: Implied Terms

Chapter 11: Condition, Warranties and Innominate Terms

Chapter 12: Interpretation of Terms and Estoppel by Convention

Chapter 13: Exemption Clauses

Chapter 14: Misrepresentation

Chapter 15: Mistake, Rectification, and Non Est Factum

Chapter 16: Duress, Undue Influence and Unconscionability

Chapter 17: Illegality and Public Policy

Chapter 18: Privity

Chapter 19: Discharge by Frustration

Chapter 20: Discharge by Performance, by Agreement and for Breach

Chapter 21: Remedies for Breach
Professor Stephen Hall

Professor Stephen Hall joined the Faculty of Law at The Chinese University of Hong Kong (CUHK) as a founding member in 2005, after serving as an Associate Professor in the School of Law at City University of Hong Kong for three years. He was founding director of the first two Juris Doctor (JD) programmes in Hong Kong, at both City University of Hong Kong and CUHK.

Before moving to Hong Kong, Professor Hall was a Senior Lecturer in the Faculty of Law at the University of New South Wales for six years. He has been admitted as a barrister and solicitor in Australia, and practised law as legal officer and Counsel with the Australian Attorney-General’s Department for nine years. Professor Hall’s areas of research and teaching interest are: contract law, international law, the traditions of the natural law and the common law, and legal history.

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所有书籍

Foundations of Contract Law in Hong Kong, 8th Edition (Formerly called "Law of Contract in Hong Kong: Cases and Commentary")

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详细

Professor Stephen Hall

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所有书籍

Foundations of Contract Law in Hong Kong, 8th Edition (Formerly called "Law of Contract in Hong Kong: Cases and Commentary")

Free delivery Hong Kong?

详细

Professor Stephen Hall

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What Our Customers Say?

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