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The Profectional Newsletters
7 October 2020

CPD Course:
Intention in
Contract Formation
#

CPD Course:
Misrepresentation
and Remedies
in Hong Kong
Contract Law
#

Intention in Contract Formation Misrepresentation and Remedies in Hong Kong Contract Law

by
Dr. Stephen Hall,
LLB (Qld), LLM (Hons) (UTS),
DPhil (Oxon),
Professor, Faculty of Law,
Fellow, C.W. Chu College,
The Chinese University of Hong Kong

by
Dr. Stephen Hall,
LLB (Qld), LLM (Hons) (UTS),
DPhil (Oxon),
Professor, Faculty of Law,
Fellow, C.W. Chu College,
The Chinese University of Hong Kong

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Code: EVT000000328 Code: EVT000000310
Date: 22 October 2020 (Thursday)
(Amended)
Date: 29 October 2020 (Thursday)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Time: 14:30 - 17:45
(Reception starts at 14:00)
Venue: Online via Zoom Venue: Online via Zoom
Level: Intermediate Level: Intermediate
Language: English Language: English
Accreditations: LSHK 3.0 CPD Points Accreditations: LSHK CPD Points being applied for
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 8 October 2020)

Please call 2116 3328 for details
and Group Discount
Admission: Standard Fee: HK$1,780.00
Advanced Booking: HK$1,480.00
(on or before 15 October 2020)

Please call 2116 3328 for details
and Group Discount
This course has been accredited by The Law Society of Hong Kong
for 3.0 CPD Points,
discount ends tomorrow,
register now!
This course has previously been
accredited by The Law Society
of Hong Kong for 3.0 CPD Points,
discount ends next Thursday,
register now!
Printable Pamphlet and Registration Form Download: Printable Pamphlet and Registration Form Download:
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and Registration Form
in Adobe Acrobat PDF
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and Registration Form
in Microsoft Word DOCX
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Download this Pamphlet
and Registration Form
in Adobe Acrobat PDF
Download this Course Pamphlet and Registration Form in Microsoft Word DOCX Format
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and Registration Form
in Microsoft Word DOCX
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Dr. Stephen Hall

Professor Stephen Hall is a legal scholar in Hong Kong who has eighteen years’ experience teaching Hong Kong contract law at both The Chinese University of Hong Kong (CUHK) and City University of Hong Kong (CityU).  He has received numerous awards for teaching and research.  Among his publications are Law of Contract in Hong Kong: Cases and Commentary (6th ed., LexisNexis, 2019), Ho and Hall’s Hong Kong Contract Law (5th ed., LexisNexis, 2019), and the ‘Contract’ title in Volume 18 of Halsbury’s Laws of Hong Kong (2nd ed., LexisNexis, 2020, 2018, 2015, 2012, and 2007 reissues).  Professor Hall founded the Juris Doctor programmes at both CUHK and CityU.  Prior to arriving in Hong Kong, he taught for six years at the University of New South Wales after a decade in legal practice with the Australian Attorney-General’s Department.  Professor Hall received his Bachelor of Laws degree at the University of Queensland, a Master of Laws degree with first class honours at the University of Technology Sydney, and a Doctor of Philosophy degree as a Commonwealth Scholar at the University of Oxford (Oriel College).

Course Outline: Course Outline:

Among the ‘three pillars’ of contract formation, and the one least commonly discussed and understood, is the requirement that the parties must have intended to establish contractual relations.  This means that the parties must have intended that their agreement would be legally enforceable in the event of breach.  Absent such intention, an agreement is contractually void.

This course will examine: the historical and functional role of intention in the wider scheme of contract formation, the presumption against contractual intention in domestic and social agreements, the presumption in favour of contractual intention in commercial agreements, intention as a marker distinguishing letters of credit from contracts of guarantee.

Among the least appreciated, and sometimes surprising, aspects of the common law of contract in Hong Kong are the rules and principles governing false or inaccurate pre-contractual statements.  Misrepresentations are often made in the course of negotiating a contract, and can result in rescission of the entire contract and/or a claim for statutory or common law damages by the representee.

This course will examine: the common law principles by which misrepresentations may be identified, how misrepresentations may be distinguished from other statements or communications such as contractual terms or mere puffs, and statutory and common law remedies for fraudulent, negligent and innocent misrepresentation.

This course will cover the followings: This course will cover the followings:

  • Historical and functional context of contractual intention
  • Domestic agreements and presumption against intention
  • The 6 factors relevant to rebutting the presumption against intention
  • Commercial agreements and the presumption in favour of intention
  • Modes of rebutting the presumption in favour of intention, including ‘subject to contract’
  • Intention, letters of comfort, and contracts of guarantee

  • Introduction to Misrepresentation
  • False statements of fact - opinion, forecast and future intentions
  • Misrepresentation by conduct
  • Misrepresentation by silence
  • Representee’s failure to verify
  • Multiple inducements to conclude contract
  • Rescission
  • Common law damages
  • Misrepresentation Ordinance (Cap.284)

10% Off Special Discount: Enroll any 3 or more courses | Register a group of 3 or more
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