Best Contract Lawyers in Shatin

About Contract Law in Shatin, Hong Kong

Contract law in Shatin, Hong Kong is based on the principles of ‘offer and acceptance'. This means that for a contract to be considered legally binding, there must be an offer made by one party and accepted by another. In addition to this, any agreement must have consideration, which is something of value exchanged between the parties. In Hong Kong, the law recognizes both written and oral contracts. Also, the Contracts (Rights of Third Parties) Ordinance provides that third parties may also enforce contractual terms provided certain conditions are met.

Why You May Need a Lawyer

Understanding and navigating through complex legal terms in contracts can sometimes be tricky. Certain situations may call for a lawyer's assistance such as when you are drafting or negotiating a contract, if you wish to enforce a contract, or if a breach of contract occurs. Lawyers in Shatin, Hong Kong are experienced in ensuring contracts are compliant with local laws and regulations while protecting your interests.

Local Laws Overview

As per the local laws in Shatin, Hong Kong, all terms of a contract should be clear and known to all parties involved. It's important to note that the Sale of Goods Ordinance stipulates that in a sale contract, goods must be of satisfactory quality, fit for purpose, and match the description given by the seller. A unique aspect of Hong Kong’s contract law is the Unconscionable Contracts Ordinance, which provides that a court may refuse to enforce a contract if it would be unconscionable to do so.

Frequently Asked Questions

1. Are verbal contracts enforceable in Hong Kong?

Yes, in most cases verbal contracts are considered legally binding and enforceable in Hong Kong. However, proving the existence of a verbal contract can sometimes be difficult and therefore it is always advisable to have your contracts in writing.

2. What remedies are available for a breach of contract?

Remedies for breach of contract under Hong Kong Law include damages, specific performance (where the court orders the party to comply with the contract), and injunction (where the court orders a party to refrain from doing something in breach of the contract).

3. Can I terminate a contract?

Yes, contracts can usually be terminated by either party if there is an agreement on the termination, breach of contract by the other party, or if an event has occurred allowing a party to terminate.

4. Are there times when I cannot enforce a contract?

A contract may not be enforceable if factors such as fraud, undue influence, or unconscionability are present. Also, if a contract concerns illegal activities, it will be deemed void and unenforceable.

5. Can third parties enforce a contract?

Yes, under the Contracts (Rights of Third Parties) Ordinance, a third party can enforce a contract if they have been expressly identified in the contract and the contract contains terms that purport to confer a benefit on them.

Additional Resources

The Hong Kong Department of Justice and The Hong Kong Legal Aid Department provide valuable resources and information for understanding the basics of contract law in Hong Kong. Moreover, you may also contact Law Society of Hong Kong for further information and resources.

Next Steps

If you need legal assistance with Contracts in Shatin, Hong Kong, consider seeking advice from a local lawyer. They can help you understand the complexities of contract law in Hong Kong, review contracts to protect your interests, and provide representation in any legal disputes regarding breach of contract.