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.
Contract and Commercial
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.
Time is of the essence in Hong Kong sale and purchase agreements; failure to complete on the stipulated date constitutes repudiatory breach entitling the innocent party to terminate and claim damages.
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