Treitel on The Law of Contract

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The contribution of 729 pages by this author represents 30% of the whole book, and is almost 25% longer than his contribution to the previous edition. You will be asked to register your details with the publisher and agree to their terms and conditions.

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See, eg, the Hong Kong Court of Final Appeal decision of Ming Shiu Chung v Ming Shiu Sum [2006] 2 HKLRD 831 (a general reference only) and the Hong Kong Court of Appeal decisions of Semana Bachicha v Poon Shiu Man [2000] 3 HKC 452 and Lo Wo v Cheung Chan Ka Joseph [2001] 3 HKC 70 (affirming Lo Wo, Lo Tai and Lo Lan v Cheung Chan Ka, Joseph (also known as Cheung Chan Ka), Bond Star Development Limited [2000] HKCU 436). In particular, the case of Griffith v Brymer, above, was decided on the basis of the doctrine of common mistake as the parties had made the contract in common ignorance of the decision to cancel the procession one hour earlier. hеld thаt thеrе wаs а соntrасtuаl rеlаtіоnshір bеtwееn thе арреllаnt аnd thе fіrе brіgаdе, thеrеfоrе, lіаblе undеr аn іmрlіеd соntrасt tо рау fоr thе brіgаdе's sеrvісеs. This is a modified version of a public lecture delivered on 16 April 2009 as part of the Common Law Lecture series held under the auspices of the Faculty of Law, University of Hong Kong (to whom I am grateful for permission to publish the lecture in its present form).I would like, in particular, to express my gratitude to Professor Johannes Chan SC, Dean, Faculty of Law, University of Hong Kong, for his kindness and assistance throughout. Abstract: These chapters constitute some 30% of a new edition of the leading English work on Sale of Goods.

Treitel on The Law of Contract 15th Ed. | Practical Law

Abstract: These pages are part of a Supplement designed to bring up to date the leading practitioners book on the English law of contract. Abstract: A new edition, extensively revised in the light of important legislative changes and landmark judicial decisions, of an account of the principles and policies of English contract law, intended to be accessible to those without specialist legal training. See, eg, H Tjio ‘Undue influence, unconscionability and good faith’ (1996) 8 Singapore Academy of Law Journal 429 at 430 and 433; D Webb ‘A proposed decision-making process for oppressive credit contracts’ [1997] New Zealand Law Review 394 at 418; D Capper ‘Undue influence and unconscionability: a rationalisation’ (1998) 114 Law Quarterly Review 479 at 480, 484 and 487; J Phillips ‘Setting aside guarantees: another approach’ (2002) 2 Oxford University Commonwealth Law Journal 47 at 51; FR Burns ‘Elders and undue influence inter vivos: lessons from the United Kingdom? fасtоr whісh dіstіnguіshеs соntrасtuаl frоm оthеr lеgаl оblіgаtіоns іs thаt thеу аrе bаsеd оn thе аgrееmеnt оf thе соntrасtіng раrtіеs. See also generally Hall, S Law of Contract in Hong Kong – Cases and Commentary (London: LexisNexis, 2nd edn, 2008) pp 704– 708.

Adelaide Law Review 37 at 49; M Pawlowski ‘Unconscionability as a unifying concept in equity’ (2001–2003) 16 Denning Law Journal 79 at 87; and R Bigwood ‘Curbing unconscionability: Berbatis in the High Court of Australia’ (2004) 28 Melbourne University Law Review 203 at 225. Viewed in that light, the court ought therefore to arrive at a result that is both ‘just’ and ‘fair’.

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The distinction is obscured by the unfortunate use of the ambiguous phrase “presumption of undue influence”, which is capable of referring to either or both of these operations. It should be noted that in all cases the failure to provide the promised performance must be ‘without lawful excuse’. Indeed, some of the ideas and arguments in this article certainly warrant further exploration along the lines as well as general approach adopted in the present lecture.Indeed, the term ‘exception clause’ is a more appropriate generic term, which would cover more specific categories such as total exclusion of liability clauses and limitation clauses. However, this does not necessarily mean that there is no objectivity in the law (cf also below n 8). Put simply, this particular aspect of the law relating to mistake is simply the result of a lack of coincidence between offer and acceptance.