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Construction of Commercial Contracts in Hong Kong (Student)
Author: Lee Mason
Unlike the substantive law of contract, construction of contractual terms is essentially intuitive in nature, with no rules but, rather, with fundamental guiding principles which have evolved from a large body of case law and, indeed, continue to evolve. It is, therefore, essential that any commercial lawyer has a solid grasp of such principles so as to enable them to anticipate how contractual terms are likely to be interpreted by the court for the purposes of giving advice and drafting contractual documents. Other than examining the guiding principles of contractual construction, the book will also consider related concepts, such as implied terms, rectification and estoppel by convention, which are also highly relevant to the overall construction issue.
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Publication Date: September 2017
Publisher: LexisNexis
This book is designed to be an easily accessible guide to provide a concise and straightforward introduction to the principles of construction of commercial contracts in Hong Kong, considering both local and selected comparative approaches (particularly those of England and Australia) as and where they may be influential in Hong Kong. Unlike the substantive law of contract, construction of contractual terms is essentially intuitive in nature, with no rules but, rather, with fundamental guiding principles which have evolved from a large body of case law and, indeed, continue to evolve. It is, therefore, essential that any commercial lawyer has a solid grasp of such principles so as to enable them to anticipate how contractual terms are likely to be interpreted by the court for the purposes of giving advice and drafting contractual documents. Other than examining the guiding principles of contractual construction, the book will also consider related concepts, such as implied terms, rectification and estoppel by convention, which are also highly relevant to the overall construction issue.
CHAPTER 1 ESTABLISHING THE OBJECTIVE
INTENTION OF THE PARTIES
CHAPTER 2 CONSIDERING THE TEXT AND
CONTEXT OF THE WRITTEN CONTRACT
CHAPTER 3 COMPREHENDING THE MEANING OF THE
WORDS USED IN THE WRITTEN CONTRACT
CHAPTER 4 IMPLYING TERMS INTO THE WRITTEN CONTRACT
CHAPTER 5 AMENDING THE WORDS OF THE CONTRACTUAL DOCUMENT
CHAPTER 6 USING ESTOPPEL TO BIND THE PARTIES TO A COMMON UNDERSTANDING