(O9) (Live Presentation and Webinar) Consumer Protection Law

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?

  1. 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?

  1. 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

  1. 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) [2016] 4 HKC 535.

  1. 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 [2016] 2 HKLRD 1301; Forged trade mark – what are the legal consequences of selling goods with a forged trade mark?

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Rita Cheung
Dr. Rita Cheung L.L.B., P.C.L.L. (HKU); L.L.M, Ph.D. (King’s College Lond.). She obtained her Ph.D. in Law on the topic of minority shareholders’ rights from King’s College London. She was called to the Bar in 2006, and taught Law upon obtaining her doctorate degree. She writes in the field of company law in refereed journals including Cambridge Law Journal, Lloyd’s Maritime and Commercial Law Quarterly, and Journal of Business Law. She has been regularly invited to speak at international conferences on money laundering and corporate crime. She is a member of the editorial board of the Journal of Financial Crime.