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The Hongkong Legal System

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Submitted By liangzhu4
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Pages 7
Lecture 1

Definition "A contract is an agreement giving rise to obligations which are enforced or recognised by law." An agreement is insufficient. Are the parties serious about it - intention? Is there consideration involved? It must be something that is recognized by the law. Otherwise it cannot get any compensation.

Functions of Contract Law It defines the obligations of the contractual parties - price, when and where to deliver, conditions, etc. Contract law protects rights, and it facilitates transactions.

Development of Contract Law
- Classical theory Moral obligation to observe the terms of a promise made voluntarily Why do we need to perform - we have to perform because it is right to perform, and it is our moral obligations. It is not right not to perform.

- Reliance theory Reliance on another's promise gives right to the promise to enforce that promise According to this theory, it is reliance and not moral obligation that creates a legal right in the promisee to sue the promisor One party relies on the other.

- Collective theory The need to protect reasonable or legitimate expectation Irrespective of the will of the other party Because one party has entered the contract, the law recognized that he has legitimate expectation about the contract. Contract law is about commercial transaction, but not people's feelings and willingness, unlike the tort law.

Building blocks of the law of contract

General discussion

Formation of Contract
- agreement: offer and acceptance constitute an agreement
- consideration, e.g. price for the goods bought. There is no use to sue a person for promise to give. Consideration does not have to be money. You have to give something in order to gain something - reciprocal
- intention to create legal obligations, a very clear example is sale and purchase

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