Hong Kong Contracts: Autonomy and CreativityHong Kong University Press, 1991年10月1日 - 190 頁 A straightforward text for beginners on the law of contract in Hong Kong. |
內容
17 | |
Consideration | 29 |
How Contracts Are Interpreted | 45 |
Defective Contracts | 65 |
4 | 74 |
Discharge | 84 |
3 | 92 |
45 | 94 |
8 | 114 |
8 | 133 |
Parties to Contractual Rights | 147 |
Illegality and Public Policy | 161 |
Deeds Formalities and Capacity | 171 |
Table of Legislation | 179 |
46 | 185 |
Index | 187 |
常見字詞
accept action in tort agreed agreement allow arbitration arises assignment assignor Benny binding breach of contract buyer cheque circumstances claim collateral contract common law consideration contract void Court of Appeal creditor debt debtor decide deed defendant duress effect employer enforce equitable remedy equity example exemption clause fact fraud frustrated fundamental breach give held HKLR Hong Kong House of Lords illegal contract implied terms infant injured party intention lease legislation liability Limitation Ordinance Lord Denning loss main contract matter means ment misrepresentation mistake negotiations non est factum notice offer offeror oral Ordinance Cap party in breach payment person plaintiff privity promise protect prove public policy quasi-contract reasonable recover refuse repudiation rescission rule sell seller signed SOGO specific performance statement subcontractor sued tender ticket tion tort unless usually voidable warranty written evidence
熱門章節
第 106 頁 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
第 175 頁 - Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property. Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor. Necessaries...
第 66 頁 - But a * 724 single word, or (I may add) a nod or a wink, or a shake of the head, or a smile from the purchaser intended to induce the vendor to believe the existence of a non-existing fact, which might influence the price of the subject to be sold, would be sufficient ground for a Court of Equity to refuse a decree for a specific performance of the agreement.
第 19 頁 - This arrangement is not entered into, nor is this memorandum written, as a formal or legal agreement, and shall not be subject to legal jurisdiction in the law courts...
第 68 頁 - There must be a misstatement of an existing fact: but the state of a man's mind is as much a fact as the state of his digestion.
第 96 頁 - Davis Contractors Ltd v Fareham.2-0 Having outlined the artificiality of the implied term approach, he commented: So perhaps it would be simpler to say at the outset that frustration occurs whenever the law recognises that without default of either party a contractual obligation has become incapable of being performed because the circumstance in which performance is called for would render it a thing radically different from that which was undertaken by the contract.
第 34 頁 - An act done before the giving of a promise to make a payment or to confer some other benefit can sometimes be consideration for the promise. The act must have been done at the promisor's request: the parties must have understood that the act was to be remunerated either by a payment or the conferment of some other benefit: and payment, or the conferment of a benefit, must have been legally enforceable had it been promised in advance.
第 39 頁 - The principle which has been described as quasi estoppel and perhaps more aptly as promissory estoppel is that when one party to a contract in the absence of fresh consideration agrees not to enforce his rights an equity will be raised in favour of the other party.