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Contract Law in Hong Kong : Introductory Guide

Contract Law in Hong Kong : Introductory Guide: An Introductory Guide

Stephen D. Mau
Copyright Date: 2010
Pages: 144
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  • Book Info
    Contract Law in Hong Kong : Introductory Guide
    Book Description:

    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. This book presents an introduction to contract principles. Contracts affect everyone, from simple daily activities as buying groceries to more complicated and formal agreements such as renovation. As a basic version intended for general use, this publication aims to be an overview. The organizational structure reflects this goal: the text is kept short and easy to read (with Chinese translations of most legal terms used in the text) while the extensive endnote section provides much more comprehensive and detailed explanations for those readers who seek such information. The Table of Contents conveniently provides an overview in an outline format of the subject. The extensive Index makes the book more user-friendly. The intended readership would include, for example: students required to study legal subjects; foreign-based non-law professionals needing an overview of the relevant subject; and, the general public.

    eISBN: 978-988-220-574-1
    Subjects: Law

Table of Contents

  1. Front Matter
    (pp. i-iv)
  2. Table of Contents
    (pp. v-viii)
  3. Preface
    (pp. ix-x)
  4. Table of Cases
    (pp. xi-xiv)
  5. Table of Legislation
    (pp. xv-xviii)
  6. 1 Introduction
    (pp. 1-4)

    This book is about contracts and the general legal principles which affect or regulate contracts. Instead of being a specialized textbook for law students, this book aims to introduce contract law to readers from different fields such as construction, accountancy, social work, and, foreign-based individuals from countries whose legal systems are based upon the civil law legal system. Some examples of topics which will be presented include:

    What is a contract?

    How is a contract made?

    What are the different types of contract?

    When can a party to a contract “legally escape” from its obligations under that contract?

    What happens...

  7. 2 Classifications of Contract
    (pp. 5-10)

    As mentioned above, a contract is a legally-binding agreement. In this chapter, some of the types of legally-binding agreements are presented, although some of these agreements may fall into more than one category.¹

    A legally-binding agreement may have many different forms and may have many classifications.² Thus, a contract may be a completely oral agreement; a completely written agreement; or, a partly-oral and partly-written agreement. As their classification implies, oral contracts are legally-binding verbal agreements; written contracts are legally-binding agreements in writing.

    Another classification places legally-binding agreements into three different categories: contracts of record; simple contracts and contracts under seal...

  8. 3 Elements of a Contract
    (pp. 11-32)

    In this chapter, we discuss the requirements in order to have a valid contract. We will look at the difference between a legally-binding agreement and an agreement. In other words, how and when does an agreement become a contract?

    An agreement is legally enforceable (i.e., considered a contract by the law) if the agreement contains all of the following elements:

    the parties all have the intention to create a legal relationship;

    there must be consent or agreement;

    there must be consideration for the agreement or else the agreement should be made under seal;

    the terms of the agreement are certain;...

  9. 4 Contents
    (pp. 33-48)

    This chapter is concerned with the contents or provisions of a contract. In other words, the obligations and responsibilities of the parties in the legally-binding relationship based upon those provisions will be discussed.

    Recall the earlier discussion concerning the elements of a legally-binding agreement. One of these requirements for a contract is certainty. In other words, a contract requires sufficient details before the agreement can be enforced legally. A contract cannot contain too many unknown features affecting matters such as quantity, price, place of delivery, time of delivery, payment methods, etc. This section discusses the need for certainty of terms...

  10. 5 Vitiating Factors
    (pp. 49-68)

    The ways in which an otherwise legally-binding agreement may be set aside (vitiated, i.e., made void or voidable) are discussed in this chapter.¹ The grounds for vitiating a contract commonly centre on whether there was any genuine agreement, e.g., did a party actually know what it was doing; or, did a party have any real choice? Thus, this generally concerns a party’s ability to enter knowingly and voluntarily into a legally-binding agreement, i.e., whether there was a “meeting of the minds” of the parties. These grounds, which centre on the required elements of capacity and consent, will be discussed first....

  11. 6 Discharge of Contract
    (pp. 69-78)

    Discharge of a contract refers to the ending of the contractual obligations between the parties. A contract ends when no further rights or obligations remain outstanding under the agreement. As stated by one authority:

    The ways in which a contractual promise may be discharged may be classified under two basic headings: discharge in accordance with the contract and discharge ‘against’ the contract.

    The former covers (1) discharge by performance and (2) discharge as a result of an event stipulated in the contract. The latter covers (a) discharge by rescission for such matters as breach or misrepresentation or by subsequent agreement;...

  12. 7 Damages & Remedies
    (pp. 79-86)

    This chapter reviews the remedies one party may have where the other party to the contract has failed to honour its obligations or responsibilities.

    Whether or not a breach of contract gives rise to a right to rescind, it gives the injured party a right of action for damages. The contract may provide for a sum payable as liquidated damages in the event of breach.

    In certain cases where damages would be an inadequate remedy application may be made for a decree of specific performance; or, where the obligation is a negative one, for an injunction to restrain breach of...

  13. Notes
    (pp. 87-120)
  14. References
    (pp. 121-122)
  15. Index
    (pp. 123-126)