201920T1LAWS1041Finalizedpaper
.pdf
School
The Chinese University of Hong Kong**We aren't endorsed by this school
Course
LAWS 1041
Subject
Law
Date
Dec 16, 2024
Pages
3
Uploaded by moachi33
Page 1 of 3 The Chinese University of Hong Kong Faculty of Law Term One 2019-2020 Examination Course code and title : LAWS1041 Contract I Date : 21 January 2020 Time : 6:30 pm to 9:30 pm Time allowed : Three (3) hours This paper has THREE (3) pages (including this cover page). Do not take this paper away from the examination venue. This is an OPEN BOOKexamination. Instructions to candidates: 1.Write your student ID number and seat number on the cover page of your answer books and on all supplementary sheets. Do not write your name on the answer books or on the supplementary sheets.2.This examination paper consists of FOUR (4) questions. Answer THREE questions. All questions carry equal marks. 3.Start your answer to each question on a new page. Write the question number at the top of the page. 4.Your answers must be your own work. When you use sources, cite them adequately for identification. You are expected to know and abide by the University’s plagiarism policy. Copying another person’s work or using language or ideas without proper attribution can lead to yourfailure of the course. 5.Your answers must be hand-written during the time allocated for the examination. 6.Any portion of written answers that is illegible to the examiner(s) will be ignored when assessed. 7.You are not permitted to leave the examination venue during the first 30 minutes and the last 15 minutes of the examination. 8.At the end of the examination, return this examination paper together with your answer books and the supplementary sheets. 9.You may use any materials during the examination except: a.materials belonging to any library, b.personal computers, or c.electronic equipment or communication devices. DO NOT TURN THIS PAGE UNTIL YOU ARE TOLD TO DO SO
Page 2 of 3 LAWS1041 Contract I Term One 2019/20 Answer THREE questions. All questions carry equal marks. Question 1 Albert and Brian agree a contract under which Albert is to install new tiles in Brian’s bathroom at a price of HK$10,000; payable on completion. Two days later, as Albert is about to start the work, Brian says: “I want a really good job here. If you produce your best work, I’ll give you a bonus of HK$5,000.” Albert completes the work, much to the satisfaction of Brian who says: “Brilliant work. Come back tomorrow and I will pay you the HK$15,000 plus a further HK$3,000 for a job very well done.” When Albert comes to Brian’s house next day Brian says: “I am short of money now. I’ll give you the HK$10,000 initially agreed, but nothing more. You readily agreed to a price of HK$10,000 for the tiling, and you have done nothing extra.” Albert seeks your advice as to any contractual claim he may have for the two additional sums promised. Advise Albert. Question 2 Charles and Diana have been negotiating for some time about the possible sale of Diana’s car to Charles. Eventually Charles sends Diana an email stating: “I offer to buy the car for HK$82,000. Let me know as soon as possible, by notice in writing, if you wish to accept my offer.” Diana immediately posts a letter which states: “Dear Charles, your offer to buy my car for HK$82,000 is accepted.” One day later Diana regrets her decision and sends an email to Charles which says: “You will shortly receive an acceptance letter from me which I regret sending. When it arrives please ignore it.” Charles reads the email soon afterwards. However, Diana’s letter of acceptance only reaches Charles four days later, as she has slightly mis-spelled the address. Charles, who still wants to buy Diana’s car, seeks your contractual advice. Advise Charles.
Page 3 of 3 LAWS1041 Contract I Term One 2019/20 Question 3 After a long dinner (including wine) three friends, James, Kenneth and Leon debate the worsening environmental situation. James says: “Look guys, we are all rich and have more money that we can spend in our lifetimes. It’s time to pay back. Let’s agree, here and now, that we will all pay US$1 million to KleanairHK” KleanairHK (fictitious) is an organisation committed to the elimination of the use of fossil fuels in Hong Kong. Kenneth replies: “Absolutely, you have my word on it; you lead and I’ll follow”. Leon says: “Agreed, on the understanding that if you both pay the money, I’ll do the same”. James makes his promised donation next day. He then calls Kenneth who says: “James, I never really meant my promise to be taken seriously; it was just friendly conversation.” Informed of this conversation between James and Kenneth, Leon calls to say: “I’m still prepared to make the donation; but only if that mean devil Kenneth does so first.” James seeks your legal advice as to whether he, and/or KleanairHK, have any contractual rights against Kenneth and/or Leon. Advise James. Question 4 “Terms implied in law do not depend upon any intention imputed to the parties. They consist of legal obligations generally imposed on one of the parties in a common contractual relationship, without reference to the particular circumstances. Some such legal obligations are imposed by the courts and some, although originally imposed by the courts, have now been given statutory force.” (Poole) Explain this quotation and, with reference to authorities, assess its application to Hong Kong.*** LAST PAGE *** *** END OF EXAMINATION PAPER ***