Contract Law in Hong Kong

2007-11-13 7:20 am
i want to ask question of contract law in hong kong:

My friend sent the fax to me. ""Will you sell the Ming Watch? What is the lowest cash price?"" I replied, ""Lowest cash price for Ming Watch for HKD1000"' My friend the faxed, ""I agree to buy Ming Watch for 1000 asked by you."" There was no reply to the last message. Is there any contract between My friend and me?

回答 (1)

2007-11-17 1:09 am
✔ 最佳答案
No, there is no contract between your friend and you.

First, we can see that your friend ask you :
"Will you sell the Ming Watch? What is the lowest cash price?"

>>This is an invitation to treat. An invitation to treat is different form an offer.
An invitation to treat means a person who making an invitation to treat is just inviting offers rather than making one.

I replied, ""Lowest cash price for Ming Watch for HKD1000"
>>This sentences also not an offer because you only supply of information that your friend request (Harvey v Facey (1983))

My friend the faxed, "I agree to buy Ming Watch for 1000 asked by you"
There was no reply to the last message.

>> 雖然Fax 係收到時已經代表張contract有效,,
但係, 我覺得有一個exception 係到...
就係朋友同朋友之間o既contract可以係唔binding,,
*** 因為有一個presumption,, 相方have no intention 去create legal relationship.
呢類只係屬於Domestic agreement.
所以, 應該冇效。
------------------------------------------------------------------------------------------------------------------

以上只係個人觀點,, 如果有錯誤,, 不好意思 !
參考: 個人觀點

收錄日期: 2021-04-13 18:47:35
原文連結 [永久失效]:
https://hk.answers.yahoo.com/question/index?qid=20071112000051KK04622

檢視 Wayback Machine 備份