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Hong Kong implied terms

Turbo Top Ltd v Lee Cheuk Yan

(2012) 15 HKCFAR 414
JurisdictionHong Kong
CourtHK Court of Final Appeal
Year2012
StatusBinding authority

Summary

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

Key Principle

implied terms; CFA endorsed the business efficacy and officious bystander tests

Area of Law

Contract and Commercial

Related Cases

Ting Kwok Keung v Tam Dick Yuen (2002) 5 HKCFAR 137

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

Flywin Co Ltd v Strong & Associates Ltd (2002) 5 HKCFAR 356

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.

Kensland Realty Ltd v Whale View Investment Ltd (2001) 4 HKCFAR 381

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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