LAW GENERAL NOTE

1. HKU LAW TASTE---Sale of Goods Contract

1) What is contract?
- It is a matter of private law- it does not involve the state or the government
- Governs the relationship between the private parties to the
contract/transaction
- It could be in writing, oral or by conduct; or it could be partly oral, partly
written, partly by conduct
- It is an agreement which gives rise to obligations which are enforced or
recognized by law

2) The legal ingredients of a contract

1. Offer
a. An offer is a willingness to enter into contract on specified terms
Ex:
- take the pen you want to buy to the cashier and you offer to pay for it, that is
when the offer happens
- it’s an offer to purchase the pen at the specified terms to buy it at $5
b. An invitation to trade: an invitation to another person to make an offer to
contract. At that time when the invitation to trade is made an offer is not
made yet.
Ex: the display of the pen for $5
c. Offer 不同於 invitation to trade
2. Acceptance’
a. The acceptance happens when the seller communicates that she is happy
or agrees with the terns on which you have offered to buy the things
Ex: the cashier accepting your $5
3. Consideration
a. The benefit in the change—the goods against the money
b. Both parties will have to pay a consideration under the contract
EX : in your case of pen: you are paying the money, the $5; for the seller,
they are parting with the pen
4. Intention to create legal obligations
a. Buy the pen and buy selling to the pen to you, you intend to be bound by
this contract
i. If you haven’t pay for it, the seller can actually can seek for you
against you for recourse for payment of the pen
ii. If the pen doesn’t work, you can actually sue for the damages you
have incurred as a result of the pen
3) Contract for the sale of goods
The seller transfers/ agrees to transfer the property in the goods to the buyer for a
money consideration (the price)

4) Drafting a sale of goods contract

- What are the considerations
What you are selling?
What types of terms would you include in your contract? A term describing
the parties, what else?

5) Some terms in a contract for sale of goods

1. Parties
2. Description of the goods sold
3. Price
4. Payments
5. Delivery of the goods
6. Warranties
A type of guarantee that the seller or the manufacturer will undertake to
guarantee the quality of the goods
7. What if the parties do not adhere to their promises?
- Jurisdiction clauses, governing law clauses
- Restriction or exemption clauses: where the seller will seek to limit its
liability and usually in such circumstances the buyer may limit the price to
pay or cannot refund or complaint
Ex: cannot refund the goods unless you come to the store and do it within
seven days

6) Drafting a term
- Ex: the payment term- how should it be drafted?
- Think:
a. From who
b. To whom
c. What
d. When
e. How
Ex: the buyer will pay $5 for the seller for this brand pen by the way of case/
buy when it is delivered.
7) Is it essential to have a contract for the sale of goods?
Pros and cons for having a signed written contract
- Pros: can seek for arbitration(gurantee)
- Cons: time for drafting, sent to the client, time cost, legal work

8) Consumer protection
- Sale of Goods Ordinance (Cap. 26 Laws of HK)
 - Supply of services (implied terms) ordinance (Cap. 457 Laws of HK)
i. Regulates consumer contracts
ii. Set out implied terms and conditions regarding: time of delivery,
quality of goods, payment. etc.
- Others:
Trade description Ordinance (Cap. 362),
Consumer Goods safety Ordinance (Cap. 456),
Control of Exemption clauses Ordinance (Cap. 71),
Unconscionable Contracts Ordinance (Cap. 458),

9) What if a contract for the sale of goods go wrong?

Seek complaint, find a mediator, arbitration
2. Letter to a Law student 讀書筆記
1. Chapter 1: What is law?
- Actually, lawmakers talk to each other to determine what sort of society we
should live in.
- Common Law 普通法
The body of law based on English legal system derived from judicial
decisions rather than from statutes or constitutions, and uses case law and
precedent to establish the rule of law.
判例法是普通法中的一部分。
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2.