- Instructor: Rita Cheung
Date: 21 October 2023 (Saturday) Time: 9:30am-12:45pm Language: English Level: Elementary
Speaker: Dr. Rita Cheung, MCAL Solicitors LLP
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 Fee: HK$1,790
Highlight: This seminar discusses recent case law developments on consumer protection law. It covers sale of goods, exemption clauses, and unfair trade practice law. How should a court remedy a buyer who suffers injury as a result of un-merchantable goods not correspond to its description? What are the consumer remedies for faculty goods? How quick is the buyer’s right of rejection lost? How can a seller sue for the price?
- Contract of sale of goods
What are differences between a contract for the ‘sale of goods’ and a contract for ‘work and materials’? Why is the distinction important?
- Implied Terms (隱含條款)
What are the statutory implied terms in the sale of goods law to protect consumers? Description; Quality; Fitness for purposes
- Exemption clauses
Where an agent (auctioneer or liquidator) has made a misrepresentation and sold goods in breach of statutory implied terms (that they were genuine and correspond to their description), on what grounds could the injured party (buyer) seek remedy? Should it be misrepresentation or breach of contract? How is the line to be drawn between fraudulent and negligent misrepresentation? What is the effect of the incorporation of exemption clauses in the contract? Lee Yuk Shing v Dianoor International Ltd (in Liquidation)  4 HKC 535.
- Trade Descriptions Ordinance
False trade description
Can a director (or a salesman) be held criminally for offence committed by the ‘company’ – which, in law, is a separate legal person? HKSAR v Luen On Motors Ltd  2 HKLRD 1301; Forged trade mark – what are the legal consequences of selling goods with a forged trade mark?