Law
-
Construction Sites (Safety) Regulations, Cap. 59I
In the case of Sanfield Building Contractors Ltd v Li Kai Cheong of 2003, Vol. 6, HKCFAR, p. 207 mentions res ipsa loquitur in an accident involving latent defect. The respondent in this appeal case to the Court of Final Appeal, fell from a substantial height to the ground as he was stationed on a scaffold that toppled over, and therefore ultimately suffered from severe injuries. The cause on which this issue of liability actually turns, although of an unknown…
-
Hong Kong Basic Law: The Implications of Article 11
Keywords: Establishment; supremacy. Refers to the establishment of the Hong Kong Special Administrative Region (HKSAR) by virtue of Art. 31 of the Constitution of the People’s Republic of China (PRC) through the Basic Law. Implicates the supremacy of the Basic Law over any other law in Hong Kong. Reference: www.basiclaw.gov.hk ‘The law belongs to all of us’ – Fake Law by the Secret Barrister
-
Taylor v Caldwell [1869] 3 B & S 826 and the Sanctity of a Contract
Taylor wanted to rent the Music Hall but it burnt down. They agreed on contractual terms but the contract did not contain any agreement on how to proceed if the music hall were to burn down. Caldwell couldn’t fulfill his contractual obligation to rent it to Taylor. Taylor sued for breach of contract. But it failed. Due to the doctrine of frustration. As opposed to the outcome of Paradine v Jane, The principle of sanctity of a contract lost some…