Burger King Corporation v Hungry Jack's Pty Ltd

CFA endorsed the business efficacy and officious bystander tests as the applicable tests for implying terms into contracts in Hong Kong.

In contractual interpretation, surrounding circumstances are admissible as an aid, but evidence of prior negotiations remains excluded.

Under the Limitation Ordinance (Cap 347), fraud postpones the running of the limitation period until the plaintiff discovered or could with reasonable diligence have discovered the fraud.