Law of contract in hong kong cases and commentary pdf

Hong kong cases selects judgments based on the legal value of the case, frequently reporting cases with legal points which might not have been previously dealt with. This book presents an introduction to contract principles. Particular emphasis is placed on what makes hong kong law different from other common law jurisdictions. The faculty of law of the chinese university of hong kong. Back in 2008 china and hong kong entered into a reciprocal enforcement agreement to make judgments from hong kong courts enforceable in china, and viceversa. The gambling ordinance3 makes most forms of gambling unlawful with only limited exceptions.

Perhaps due to the elevated role of case law in many nonchinese legal systems, analyses of guiding cases have often taken on a distinctly comparative flavor. Contract on termination of the trademark licensing china telecommunications corp. Hong kongs employment law regime is generally more favorable to employers than many other jurisdictions. Introduction to law and contract department of real estate and construction the university of hong kong the law of the hong kong special administrative region supplementary reading from an overseas course common law you are going to hear a lot about the common law. Breach of contract in hong kong liberty chambers hong kong december 6 2018. He was foundation director of the first juris doctor jd programmes in hong kong, at both city university of hong kong and the chinese university of hong kong. Cases and commentary 3rd edn, lexisnexis butterworths. Hong kong s authorised official law report with preferential citing in court coverage from 1905 cases selected on importance and relevance by our editorial team and indexed with catchwords for easier searching and browsing. Hong kong conveyancing law eighth edition lexisnexis. Some have likened guiding cases to common law precedents, arguing that imbuing cases with stare decisislike authority 14. Nov 23, 2015 usually the chinese court will reject the hong kong judgment based on a claim that the foreign award was based on grounds that violate of chinese public policy. Subject description form hong kong polytechnic university. 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. A casebook on contract, eleventh edition, 2000, chapter 17.

Download pdf contract law in hong kong hong kong university press. Hong kong s postcolonial constitution, the basic law, guarantees that the common law will continue in force for 50 years from the transfer of sovereignty of hong kong in 1997, but it is to be expected that. Two parties interested in entering an agreement must be fully aware of the legal implications of signing such a document. General principles of contract law open textbooks for. Hong kong regarding the system of voting to be adopted when the next chief executive is elected in 2017 20 years after the reunification of hong kong with china. Everyday low prices and free delivery on eligible orders. The 16 chapters of the book cover all basic contract concepts in a readerfriendly style, which makes ample use of case illustration. Usually the chinese court will reject the hong kong judgment based on a claim that the foreign award was based on grounds that violate of chinese public policy. Before coming to hong kong, he was a senior lecturer in the faculty of law at the university of new south wales for six years where he was also director of the european law centre. The court of chancery and the kings bench slowly started to allow claims without. At the very beginning of the passage cited by counsel, lord brownewilkinson said that like every other contract, the rights and duties of the principal and agent are dependent upon the terms of the contract between them.

In a recent decision of the hong kong court of final appeal cfa in sinoearn international limited v hyundaiccecc joint venture a firm facv no. Of these 119 cases, the corporate veil doctrine was. The only detailed commentary on the hkiac administered arbitration rules. Consultation paper reform of the law of arbitration in hong. Jan 15, 2016 at common law, contract law is mainly case law. This is one in a series of books seeking to introduce the reader to the more frequently encountered common law principles which apply in hong kong. Hklii has obtained the kind assistance of the australasian legal information institute austlii in its development. Most, however, are unlawful in hong kong on the grounds of public policy or under statute. Hong kong would be seen as a model law jurisdiction thereby attracting more business parties to choose hong kong as the place to conduct arbitral proceedings.

The legal background that influences any written agreement between two parties in hong kong is usually the basic law or the common law. Crossborder, and forms part of boilerplate crossborder contracts and boilerplate clauses. Since chinese civil law and hong kong common law come from an entirely different legal background and legal procedure, it is generally easy for a chinese court to find a public policy. Proper law of a contract in the conflict of laws, 56 law q. With a view to promoting and supporting the rule of law in hong kong, hklii is a free.

Singapore contract law largely based on english contract law. Extracts of key contract law cases in hong kong and other. A guide to the hkiac arbitration rules michael j moser. Hong kong specific information concerning the key legal and commercial issues to be considered when drafting standard boilerplate clauses for crossborder agreements. A guide to the hkiac arbitration rules michael j moser and chiann bao.

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. Cases and commentary, hong kong, lexisnexis, 6 th edition, 2019 5 th edition, 2017 and supplement, 2018. Every case in these databases which mentions the phrase corporate veil was included in the initial pool of 119 cases. Legislation and commentary youre in good company the only authoritative source you need for succinct, comprehensive and pertinent explanation on company law in hong kong and its application in decided hong kong cases. Page 1 of 5 the university of hong kong department of law recommended booklist 201920 core subjects and pcll prerequisites for those courses which are not mentioned in this book list, students should consult with the. The goal of this edition, the sixth of this important work, is to further contribute to the growing body of work dealing with hong kongs law of contract. Malaysia, hong kong and australia compared, saw tiong guan ed, jason ho ka hang 769. Pdf versions of all legislation in english and chinese are available to. With respect, i think counsel has misunderstood the law, misinterpreted and misapplied kelly v cooper 1993 ac 205.

The cisg is the united nations convention on contracts for the international sale of goods, the uniform international sales law of countries that account for threequarters of all world trade. Contract law in hong kong hong kong university press. The contract, concluded in denmark, was silent as to the applicable law. Chapters guide the practitioner through the arbitral process, from commencement, to the arbitral tribunal, arbitral proceedings, and awards and costs. Apr 16, 2015 through this course, you will gain a good grasp of the key concepts and principles of contract law from the perspective of business practice. Hence, the rules developed in the singapore courts do bear a very close resemblance to those developed under english common law.

The 16 chapters of the book use case studies to cover all basic contract concepts in a. The hong kong contract law, like the common law, has been influenced by the common law of england. Consultation paper reform of the law of arbitration in. Contract on termination of the trademark licensing china. Provides articlebyarticle commentary on the 2017 icc rules of arbitration, incorporating discussion of icc notes and developments in case law and soft law. The first case concerned a contract between a danish multinational company and a brazilian company for the delivery of goods in hong kong. Time of making termination payments an employer shall pay all the termination payments, except for severance payment, to the employee as soon as practicable and in any case not later than seven days after the date of termination or expiry of contract. Interpreting a commercial contract in hong kong jones day. Contract law in hong kong, hong kong university press, hong kong. The first two chapters introduce the major themes and explain the multiple sources of law in hong kong. A comparative analysis provides readers with a clear understanding of contract law in hong kong as well as its counterpart in england. The only authoritative source you need for succinct, comprehensive and pertinent explanation on company law in hong kong and its application in decided hong kong cases. The resumption of chinese sovereignty and the basic law, 2ndedn hku press, 1999.

Cases, materials, and commentary reprint by wheeler, sally, shaw, jo isbn. Indeed, where there is no singapore authority specifically on point, it will. Hong kong as the jurisdiction of choice is very alluring. Contract law in hong kong a comparative analysis provides readers with a clear understanding of contract law in hong kong as well as its counterpart in england. The newly added cases show how the basic principles of contract law continue to apply across a wide range of transactions. In addition to authorised law reports, essential main works and legislation, hong kong content contains an enviable and growing collection of authoritative analytical commentary texts including. If you cant read this pdf, you can view its text here hong kong november 12. The aim of this book is different from the authors other books on contract law.

Pdf contract law in hong kong download full pdf book. Cases selected on importance and relevance by our editorial team and indexed with catchwords for easier searching and browsing. Hong kong international arbitration centre is one of the worlds most highly sophisticated arbitration institutions, with a continuously. If you search under a case name you will likely be directed to some commentary. The hallmark of contract law in capitalist economies is the concept of freedom of contract. Law firms turn to costcutting in hong kong s challenging market.

The general rule of english law is that any person is competent to bind himself to any contract he chooses to make, provided that it is not illegal or void for reasons of public policy. What are the key employment law challenges that clients face in hong kong. City university of hong kong course syllabus offered by. In most jurisdictions, contract law is not codified, with the notable exception of india. General principles of contract law open textbooks for hong kong. Kai tak, tseung kwan o acting for hong kong housing society in arbitration proceedings brought by contractor, and in recovery of monies under performance bonds hong kong government works bureau acting for hong kong government in defence of arbitration proceedings on various projects. In particular, it recognizes the need of the many students who aspire to become accountants for a book specially written for them. Search for case law, legislation, commentary, current awareness, journals, and uk. This book provides a careful selection of the most important or illustrative cases in contract law drawn primarily from hong kong.

Thus, the contract can include elements of civil law, commercial law, local law or other legislation adherent to the field in which the contract will be enforced. Download the latest law updates bloomsbury books ltd. It sets out to provide beginners in hong kong with a straightforward text to help them in their first studies of the law of contract. Hong kong law contract guide 11 the rights and obligations of the contracting parties often are set out as terms in a contract. Upon completion of this course, you should have developed the necessary analytical skills for resolving contract law issues in real life cases. English contract law is a body of law regulating contracts in england and wales. Apr 21, 2020 this website is the pace database on the cisg and international commercial law. The contract law in hong kong is the sum of rules, regulations and legal provisions which govern the conclusion of agreements, regardless of their purpose. Despite the unprecedented growth in the volume of trade and the development of increasingly integrated marketsif not at a global, then at least at a regional, levelcrossborder business transactions continue to a large extent to be subject to national laws. As before, this edition eschews any distinctive take on the law of contracts and thus allows each teacher using the book a broad range of choice on what to bring in to channel or expand classroom discussion. Chapter 1 the nature of contract law in hong kong 1 overview 1 1. Areas covered include trends and significant deals, the main parties, procurement arrangements, transaction structures and corporate vehicles.

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. Desmond g greenwood contract law in hong kong is the first comprehensive textbook on this topic for more than ten years. Singapore contract law largely based on english contract law 8. Hong kong book catalogue lexisnexis hong kong store. The reform of the law of arbitration will also promote hong kong as a regional centre for legal services and dispute resolution. 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.

Law firms turn to costcutting in hong kongs challenging market. Chu college at the chinese university of hong kong where he also teaches a class on the origins of western civilisation. Hong kong law contract guide hogan lovells to view this article you need a pdf viewer such as adobe reader. Hong kong s authorised official law report with preferential citing in court. Dec 12, 2016 epub contract law in hong kong hong kong university press law series michael j. The cases selected for inclusion in the book have been carefully curated, and the commentary thereupon expounds each legal principle with clarity and exactitude. In the realm of sale of goods, the laws in many common law jurisdictions are codified, e. Gives an insiders perspective on how the hkiac secretariat administers arbitrations under the hkiac administered arbitration rules. Presents extracts, with commentary, from cases representing the law of contract in hong kong. Contracts affect everyone, from simple daily activities as buying groceries to more complicated and formal agreements such as renovation. The present state of the law governing international commercial contracts is hardly satisfactory. Contract law in hong kong is the first comprehensive textbook on this topic for more than ten years.

Hong kong contract law, like hong kong law in general, has been dominated, for 150 years, by the common law of england. The lifting of corporate veil doctrine in hong kong. Hong kong cases is the only complete series of law reports covering court decisions dating back to 1842 when common law was first applied in hong kong. One difficulty is that older cases sometimes involve courts eager to find a term, given the unavailability of a. Stephen hall, ho and halls hong kong contract law, hong kong, lexis nexis butterworths, 5 th edition, 2019 4 th edition, 2017. The book deals with all the core areas of contract law. The book acknowledges uk common law origins, with examples of hong kong cases where the court has discussed, followed or overturned those legal principles. This new edition of law and justice in hong kong continues to offer readers a comprehensive account of the legal system of hong kong the only common law jurisdiction in east asia. These guides introduce selected general legal reference sources on international law in the chinese university of hong kong library. In its comments on the bill, the hong kong bar association has suggested that deeds of mutual covenants, governing the use of multistoreyed buildings, should also be excluded, since the obligations contained in them are a unique feature of hong kongs conveyancing system, with their own special rules on enforcement by third parties, evolved through case law and underpinned by statute. However, not all communications between the parties become terms of the contract with which the parties must then comply.