File Download
There are no files associated with this item.
Links for fulltext
(May Require Subscription)
- Publisher Website: 10.1093/oso/9780198808114.003.0010
- Scopus: eid_2-s2.0-85050442714
Supplementary
-
Citations:
- Scopus: 0
- Appears in Collections:
Book Chapter: Contract Formation in Hong Kong
Title | Contract Formation in Hong Kong |
---|---|
Authors | |
Keywords | Contract formation Hong Kong |
Issue Date | 2018 |
Publisher | Oxford University Press. |
Citation | Contract Formation in Hong Kong. In Chen-Wishart, M, Loke, A and Vogenauer, S (Eds.), Studies of Contract Law in Asia II: Formation and Third Party Beneficiaries, p. 206-224. Oxford, UK: Oxford University Press, 2018 How to Cite? |
Abstract | This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations-the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation. © Lusina Ho, 2017. |
Persistent Identifier | http://hdl.handle.net/10722/233377 |
ISBN |
DC Field | Value | Language |
---|---|---|
dc.contributor.author | Ho, LKS | - |
dc.date.accessioned | 2016-09-20T05:36:25Z | - |
dc.date.available | 2016-09-20T05:36:25Z | - |
dc.date.issued | 2018 | - |
dc.identifier.citation | Contract Formation in Hong Kong. In Chen-Wishart, M, Loke, A and Vogenauer, S (Eds.), Studies of Contract Law in Asia II: Formation and Third Party Beneficiaries, p. 206-224. Oxford, UK: Oxford University Press, 2018 | - |
dc.identifier.isbn | 9780198808114 | - |
dc.identifier.uri | http://hdl.handle.net/10722/233377 | - |
dc.description.abstract | This chapter examines the law on contract formation in Hong Kong which is closely modelled on the English common law but adapts the English solutions to the local context if and when required. The test for ascertaining the parties’ meeting of the minds is objective, the agreement (an offer with a matching acceptance) must be certain, complete, and made with the intention to create legal relations-the latter being presumed to be present in a commercial context and absent in a familial or social context. Offers are freely revocable although the reliance of the offeree is protected in exceptional circumstances. Acceptances become effective as soon as they are dispatched. In the ‘battle of forms’ scenario, the Hong Kong courts follow the traditional ‘last-shot’ rule. There is no general duty to negotiate in good faith, and even agreements to negotiate in good faith are normally unenforceable for lack of certainty. As a general rule, contracts can be validly made without adhering to any formal requirement. Online contracts will normally be valid and enforceable; the formation of such contracts is governed by common law as supplemented by legislation. © Lusina Ho, 2017. | - |
dc.language | eng | - |
dc.publisher | Oxford University Press. | - |
dc.relation.ispartof | Studies of Contract Law in Asia II: Formation and Third Party Beneficiaries | - |
dc.subject | Contract formation | - |
dc.subject | Hong Kong | - |
dc.title | Contract Formation in Hong Kong | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Ho, LKS: lusinaho@hku.hk | - |
dc.identifier.authority | Ho, LKS=rp01250 | - |
dc.description.nature | link_to_subscribed_fulltext | - |
dc.identifier.doi | 10.1093/oso/9780198808114.003.0010 | - |
dc.identifier.scopus | eid_2-s2.0-85050442714 | - |
dc.identifier.hkuros | 266797 | - |
dc.identifier.spage | 206 | - |
dc.identifier.epage | 224 | - |
dc.publisher.place | Oxford, UK | - |