Law question

2006-10-27 5:27 am
Q1. Amy lost a bag and post a sign of reward $100.00 for return of it. One day, Bobby return the bag to Amy without seeing the sign offering reward. Amy just thank you Bobby. afterday, Bobby saw the sign and return to Amy for ask him reward. Amy refused. Advise Bobby.

Q2. Cat ask Dog to buy an ice-cream and reward for $50.00. Dog do that, but Cat refuse to pay, because they are good friend. Advise Dog.

回答 (3)

2006-10-27 10:05 am
✔ 最佳答案
The above questions are the Contract Law of Business Law .

In Q2 , Cat and Dog is a good friend , but Cat asks Dog to buy an ice-cream and was promise to reward for $50 . This is a contact between Cat and Dog . This is because there are 5 elements inside include Capacity , Invitation , Consideration , Offer and Acceptence .

The crux of the matter is whether the parties intented to create a binding legal contract . In this case , Cat has intented to create a binding legal contract with Dog .

Wu Chiu Kuen v Chu Shui Ching [H Ct No A4081 of 1997] , ( please look the facts ) , the judge's view : There was such a contract to share in the buying of the tickets and therefore in the winnings . There was no such agreement and the plaintiff was merely trying to get as much money as possible out of the defendant in which case he must fail ; or .....

So , in this case , there was no such agreement to sign , but the contract was formed .
And on the other hand , Dog accepted Cat's offer . So that the contract was formed when Dog is accepted . Dog can claim damages because Cat broken the contract . And Cat must be of reward for $50 to Dog .

In Q1 , I think it is invitation to treat ... But I am not sure ... so I suggest you to reading the Hong Kong Business Law or An Introduction to Hong Kong Business Law for details ...
參考: 以上答案 , 只是個人之記憶影像, 如有錯失 , 請見諒 , 望君只作一些參考及吸取其他專業意見 ! 雖本人讀過 , 但本人不是專業人士 , 所以答案不能作準 !
2007-09-18 7:18 pm
Q1 B可以問A拿返錢~~因為無時間限制的!!! B絕對無放棄到佢GE權利~~E A又沒有俾到任何CONSIDERATION俾B~~~所以B絕對可以問A拿返果筆REWARD!!!
2006-10-30 5:51 am
Q1. Bobby cannot claim the reward. There was no contract between Amy and Bobby. Bobby's act of returning the bag was done in ignorance of Amy's offer. It is not a valid acceptance of Bobby's offer because Bobby cannot accept an offer of which she has no knowledge.
An offer cannot be accepted by the offeree unless it has been communicated to him or her. For the acceptance to be binding, it is also required that the offeree must be aware of the offer at the time of his or her acceptance.

Q2. An offer is a definite promise or proposal made by the offeror to the offeree with the intentino to be bound by such promise or proposal without further negotiation. For instance, an offeror may promise to do or abstain from doing something if the offeree gives him or her some benefit in return. In this case. Cat promises Dog if Dog help cat to buy an ice-cream and reward for $50. And Dog do it. A contract will result if such an offer is accepted by the offeree.
參考: Business Law in HK (D.K. Srivastava)


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