Hong Kong Law Reform Commission

 

Mr Byron Leung, the Secretary to the Sub-committee, was principally responsible for the writing of this consultation paper.

 

	Page
Preface	1
Terms of reference	2
Layout of this Paper	3
1. Existing statutory provisions regulating implied terms in contracts for the sale of goods and for the supply of goods, and the need for further legislation	4
Overview	4
Existing statutory provisions regulating implied terms in contracts for the sale of goods and contracts for the supply of goods	4
The need for further legislation on implied terms for supply of goods	6
2. What are contracts for the supply of goods	11
Overview	11
Introduction	11
Contracts for the transfer of property in goods	13
Contracts of hire of goods	19
Hire purchase agreements	22
What are "goods"	31
Computer software	32
3. Implied terms to be included in the Recommended Legislation – implied terms about title, etc	38
Overview	38
Undertakings as to title under Cap 26	39
Contracts for the transfer of property in goods	40
Contracts of hire	51
Hire purchase agreements	55
4. Implied terms to be included in the Recommended Legislation – correspondence with description	64
Overview	64
Correspondence with description under Cap 26	64
Contracts for the transfer of property in goods	65
Contracts of hire	69
Hire purchase agreements	71
5. Implied terms to be included in the Recommended Legislation - implied terms about quality or fitness	74
Overview	74
Implied undertakings as to quality or fitness under Cap 26	75
Contracts for the transfer of property in goods	77
Contracts of hire	99
Hire Purchase Agreements	109
6. Implied terms to be included in the Recommended Legislation - supply by sample	117
Overview	117
Correspondence with sample under Cap 26	117
Contracts for the transfer of property in goods	118
Contracts of hire	123
Hire Purchase Agreements	126
7. Remedies for breaches of the implied terms	129
Overview	129
Remedies for breaches of implied terms in contracts of sale of goods in Hong Kong	129
Australia	133
New Zealand	135
England and Wales	140
Conclusion	144
8. Exclusion of liability	160
Overview	160
Exclusion of liability in contracts of sale of goods and other contracts for the supply of goods in Hong Kong	160
Australia	164
New Zealand	166
England and Wales	167
Conclusion	170
9. Miscellaneous amendments concerning contracts for the sale of goods	175
Overview	175
Sale of goods forming part of a bulk	176
Rights of partial rejection	203
Statutory exception to the nemo dat rule: sale in market overt	211
Remedies for delivery of wrong quantity	217
Acceptance of goods	220
A reasonable opportunity of comparing the bulk with the sample	223
Concluding observations	224
Annex 1	226
Comparison Table of Statutory Implied Terms in Contracts for the Sale and Supply of Goods	226
Annex 2	227
(1) Complaint Statistics on Hire of Goods	227
(2) Complaint Statistics on Hire Purchase of Goods	227
(3) Complaint Statistics on Contracts for Work and Materials	228
Annex 3	229
Complaint Statistics on Computer Software	229

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 This Consultation Paper has been prepared by the Supply of Goods Sub-committee of the Law Reform Commission. It does not represent the final views of either the Sub-committee or the Law Reform Commission, and is circulated for comment and criticism only.

The Sub-committee would be grateful for comments on this Consultation Paper by 28 February 2001. All correspondence should be addressed to:
 

The Secretary
The Supply of Goods Sub-committee
The Law Reform Commission
20th Floor, Harcourt House
39 Gloucester Road
Wanchai
Hong Kong

Telephone: (852) 2528 0472

 
Fax: (852) 2865 2902

E-mail: hklrc@hkreform.gcn.gov.hk
 

It may be helpful for the Commission and the Sub-committee, either in discussion with others or in any subsequent report, to be able to refer to and attribute comments submitted in response to this Consultation Paper. Any request to treat all or part of a response in confidence will, of course, be respected, but if no such request is made, the Commission will assume that the response is not intended to be confidential.

 

Anyone who responds to this Consultation Paper will be acknowledged by name in the subsequent report. If an acknowledgement is not desired, please indicate so in your response.