In relation to back commission, the agent will normally be entitled to commission if he causes a person to enter into negotiation with the principal and form a contract with no significant break in negotiations.
Would she have to pay the full price? However, after Bruce sobered up he confirmed the contract with the auctioneer.
Once she does nothing during her minority to repudiate the contract, she can not make it void after that. Tort law provides compensation for both injury to the person and property, causing pure economic loss and for injury. This may be in relation to the sale or purchase of goods or services.
Consequently, the agent has the right to be paid for remuneration earned before but not payable until after termination. It is only Emily who can make the contract void after attaining the age of majority.
For any agreement to be legally binding the parties must have the intention to create a legal relationship.
We will write a custom Hong kong business law assignment sample on Hong Kong Business Law Assignment or any similar topic only for you We will write a custom essay sample on Hong Kong Business Law Assignment or any similar topic only for you Order now It deals with claims arising from the breach of a term of a contract of employment including employment protection.
The agreement between Richard and his father comes under the category of social or domestic contracts.
Subject to any express terms or contrary clauses in the contract, an agent should be entitled to back commission. Because the Court of First Instance can exercise supervisory jurisdictions.
The District Court has limited jurisdiction in both civil and criminal matters. Tort law concerns with claims for property damage and personal injuries directly arising out of breaches of a duty of care owed by one individual to another.
However it can be presented before the court that there exists the intention of legally binding each other but it is very difficult to reverse the presumption of law.
There is no statutory definition of a principal, but case law has generally provided that a principal is the party who has granted an agent the power to affect his relationship with a third party.
The parties are free to agree both notice period and a form of notice. Therefore in this situation, in the agreement became legally enforceable and Emily has all the rights as a party to the contract, so she can bring a suit in the court of Law against Margret to take all the benefits.
The common law also governs the rights and liabilities of principal and agent. Termination and assignment Notice: Parties to agency contracts may be able to contract out of the relevant common law provisions to the extent permitted by the law. Here, Margaret agreed to give Emily the unsold stocks against the service provided by her but at the time of retirement she announces to give the unsold stocks in charity.
It is an inferior court which provides a quickinexpensive and informal method of adjudicating disputes relating to minor monetary claim. There was an oral agreement between Margret and Emily but at the time of entering into agreement Emily was a minor i.
As held by many the honorable courts in many contractual cases related to performance of the contract that the person who proceeded with his part of performance must not be deprived from getting his reward.
Constitutional Law are rules which effect distribution and exercise of power and relate to legislature, the executive institutions and the judiciary. He then subsequently refused to complete the contract.
If confidential information is involved an agent can only delegate the task entrusted to him with the express or implied authority of the principal. He says that Richard should be doing the work for nothing, as it is the responsibility of the whole family to look after the property; besides, he says, Richard is getting free board and lodging.
Where an agreement is silent on the notice period, the circumstances prevailing at the time when the contract was made generally determine the length of reasonable notice. However, there are statutory provisions relating to mercantile agents, defined in the Factor Ordinance.
An employee may claim for remedies against an employer under situation of unreasonable dismissal. Choice of law and jurisdiction The parties may agree to submit disputes arising out of a particular transaction exclusively to the courts of their particular jurisdiction and chose the applicable law.
In she started to advertise on the Internet and by the business had grown to the point where she needed help to keep the business going. Otherwise, it will constitute wrongful termination and a breach of contract.
This amount may be treated as the consideration of the contract between them.
Supervisory jurisdiction is exercised over inferior courts, tribunals, administrative authorities or public bodies acting judicially through applications for judicial review procedure by the alleged aggravated party. When Margaret retired at the end ofshe decided that she would give the unsold stock to charity and they could auction it and keep the proceeds.The law of Hong Kong does not specifically afford any statutory rights and protection to “commercial agents” except in relation to “mercantile agents”.
However, there is a general body of common law governing relations between principals and agents. Hong Kong Business Law Assignment 1 1.
Zoe wants to sue the retailer to claim back property damage of $22, The consumer claim to sue the retailer of HK$22, is a minor monetary claim. The Supreme People’s Court and the Government of the Hong Kong Special Administrative Region (HKSAR) have reached an arrangement for the recognition and enforcement of judgments in civil and commercial matters.
[Business Law, ] The contract entered by the minor for the benefits of service paid by him is a valid contract.
A minor has a right to repudiate contract after attaining the age of majority and escape from the liability or can reaffirm that.
The main purpose of this course is to introduce to you the general concepts and principles of business law in Hong Kong. Since commercial relationships are affected by legal principles, business managers and anyone aspiring to be a player in the business world should be aware of the legal environment in which business operates.
A guide to intellectual property law in Hong Kong. The IP in Business Transactions Q&A gives an overview of maintaining an IP portfolio, exploiting an IP portfolio through assignment and licensing, taking security over IPRs, IP and M&A transactions, and the impact of IP on key areas such as competition law, employees and tax.Download