Author: Stephen Hall
The Ninth Edition of Foundations of Contract Law in Hong Kong has been comprehensively updated to capture the evolving dynamics of contract theory and practice, ensuring that both students and practitioners are well-equipped to understand and apply the latest legal principles in contract law within the local and global context.
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Publication Date: August 2025
Among the many important changes that Hong Kong has experienced or endured 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. 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. The goal of this 9th edition is to advance the understanding and appreciation of Hong Kong’s law of contract in a way relevant to students, scholars, and practitioners alike.
This new edition features, comprehensive legal updates, extensive original commentary and analysis exploring the similarities and emerging differences among the jurisdictions with particular reference to the ongoing developments of the law in Hong Kong. It situates contract law in the broader context of a common law tradition that is essentially customary in character and reflects the reasonable expectations of a free people.
This book 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 Hong Kong authorities included in this book develop or expound upon the common law of contract in a significant way, indicate some degree of doctrinal divergence from England, or illustrate the way in which a rule or principle works in a distinctively Hong Kong setting. The principal English authorities, which furnish the basic framework of the common law of contract, are extracted and explained in a way that is of relevance to Hong Kong. Recent developments in other common law jurisdictions that are likely to influence the future direction of Hong Kong law are also included.
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: Condition, 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, by Agreement and for Breach
Chapter 21: Remedies for Breach