Foundations of Contract Law in Hong Kong - Seventh Edition (Student)
Author: Stephen Hall
Now in its seventh edition, Foundations of Contract Law in Hong Kong is an essential text for students studying contract law, as well as for practitioners and analysts. It examines all aspects of contract law, with reference to the relevant legislation and cases in Hong Kong and international jurisdictions. Written by one of the foremost experts, its clear prose, detailed analysis and local focus have ensured its enduring popularity as a textbook.
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Among the many important changes which Hong Kong has experienced over the past three decades is the gradual and continuing emergence of a distinctively local common law. 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. Previously known as “Law of Contract in Hong Kong: Cases and Commentary” the goal of the seventh edition is to advance the understanding and appreciation of Hong Kong’s law of contract in a way relevant to student and practitioners.
This edition is not primarily a casebook, which is reflected in a change to the work’s title. It features extensive original commentary and analysis exploring the similarities and emerging differences among the jurisdictions with particular reference to the ongoing development of the law in Hong Kong. The work 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 seventh edition comprehensively updates the law of contract in Hong Kong, and includes recent developments in England and other common law jurisdictions that are likely to influence the future direction of Hong Kong law. Some of the more important changes, reflected in this edition, are in the law of contractual intention, interpretation of contract terms, rectification, economic duress, and severance of restrictive covenants. It also includes a re-evaluation of ‘Hong Kong estoppel’ as a species of promissory estoppel in substitution, in certain circumstances, for proprietary estoppel.
Table of contents
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: Conditions, 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, Agreement and Breach
Chapter 21: Remedies for Breach