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Conference Paper: Legislating for Third Party Contractual Rights: Two Potentially Problematic Provisions
Title | Legislating for Third Party Contractual Rights: Two Potentially Problematic Provisions |
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Authors | |
Issue Date | 2014 |
Citation | The 7th Biennial Conference on the Law of Obligations (Obligations VII), Hong Kong, China, 15-18 July 2014 How to Cite? |
Abstract | The Hong Kong Legislative Council is currently considering a proposed Bill on
the reform of the privity doctrine in Hong Kong contract law. Two notable
aspects of the proposed reform are the inclusion of provisions dealing with
arbitration agreements and exclusive jurisdiction agreements. This paper, based
on a wider work in progress, will discuss the potential problems resulting from
the inclusion of these respective provisions in any legislative reform and
question whether they are best left out: the former, in light of a recent English
Court of Appeal decision in relation to such a provision in the UK’s Contracts
(Rights of Third Parties) Act 1999, and the latter, in light of various expressed
reservations which have kept such a provision out of other common law
legislative reforms to the privity doctrine. |
Description | Conference Theme: The Common Law of Obligations: Divergence and Convergence Parallel Session 3B |
Persistent Identifier | http://hdl.handle.net/10722/204745 |
DC Field | Value | Language |
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dc.contributor.author | Mason, LC | en_US |
dc.date.accessioned | 2014-09-20T00:36:35Z | - |
dc.date.available | 2014-09-20T00:36:35Z | - |
dc.date.issued | 2014 | en_US |
dc.identifier.citation | The 7th Biennial Conference on the Law of Obligations (Obligations VII), Hong Kong, China, 15-18 July 2014 | en_US |
dc.identifier.uri | http://hdl.handle.net/10722/204745 | - |
dc.description | Conference Theme: The Common Law of Obligations: Divergence and Convergence | - |
dc.description | Parallel Session 3B | - |
dc.description.abstract | The Hong Kong Legislative Council is currently considering a proposed Bill on the reform of the privity doctrine in Hong Kong contract law. Two notable aspects of the proposed reform are the inclusion of provisions dealing with arbitration agreements and exclusive jurisdiction agreements. This paper, based on a wider work in progress, will discuss the potential problems resulting from the inclusion of these respective provisions in any legislative reform and question whether they are best left out: the former, in light of a recent English Court of Appeal decision in relation to such a provision in the UK’s Contracts (Rights of Third Parties) Act 1999, and the latter, in light of various expressed reservations which have kept such a provision out of other common law legislative reforms to the privity doctrine. | - |
dc.language | eng | en_US |
dc.relation.ispartof | Obligations VII 2014 | en_US |
dc.title | Legislating for Third Party Contractual Rights: Two Potentially Problematic Provisions | en_US |
dc.type | Conference_Paper | en_US |
dc.identifier.email | Mason, LC: masonlee@hkucc.hku.hk | en_US |
dc.identifier.authority | Mason, LC=rp01269 | en_US |
dc.identifier.hkuros | 237635 | en_US |