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17 Oct 2024
Insight
Hong Kong
Herbert Smith Freehills is pleased to present Navigating Contract Disputes: Views from Practice, a series of seminars with accompanying guides, which will be rolled out over the coming months. This series aims to provide clear and practical guidance on Hong Kong law issues that commonly feature in commercial contract disputes.
The following topics will be covered: formation of and interpretation of contracts, pre-contractual statements (misrepresentation and other possible causes of action such as negligent statements), good faith and endeavours obligations, termination of contract, remedies for breach of contract, liquidated damages, limitation and exclusion clauses, and dispute resolution and governing law clauses.
Part 1: Contract formation – When do you have a binding contract?
We have seen contractual disputes where the court found that there was, in fact, no contract between the parties – sometimes to the parties' surprise. This could be because the "contract" was incomplete, or its terms were uncertain, or perhaps because the necessary contractual intention was lacking. Conversely, sometimes a binding contract might be concluded despite all appearances to the contrary.
Rachael Shek, Peter Ng and Maisie Ko discuss the first and foremost question in contractual claims: do you have a binding contract? We also share some practical tips to bear in mind when drafting and negotiating contracts, in order to avoid common pitfalls.
Part 2: Interpretation of contracts – What does your contract mean?
A term might seem perfectly clear when the contract is being agreed, but a dispute may arise later as to how the words are meant to apply in the circumstances that have come about. When the Court is called on to interpret the contract, its overarching aim is to consider the natural meaning of the words, the context in which the words are used, and perceptions of commercial common sense.
Jojo Fan, Jody Luk and Jaime Fong discuss the latest Hong Kong and English cases on contractual interpretation. We also share some practical tips that can be taken when drafting your contract, in order to minimise the risks.
Please contact Events Hong Kong if you want a copy of the guide.
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Legal Notice
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2024