12
TUESDAY, APRIL 3, 1990
TO
MISS LOH POINTED OUT THAT THE ABOVE RECOMMENDATION IS MEANT
THAT IF THE COMMISSION HOPED CONTROL EXTREME CASES OF UNFAIRNESS.
SOME PLACE THAT IT WOULD HAVE THERE WAS SUCH LEGISLATION IN
WHEN THEY DRAFTED THEIR SALES RESTRAINING EFFECT ON CORPORATIONS CONTRACTS TO ENSURE THAT THERE WAS A BALANCE BETWEEN THE INTERESTS THE CORPORATIONS AND THAT OF CONSUMERS.
OF
THE COMMISSION HAD NOT RECOMMENDED SIMILAR LEGISLATIVE FOR COMMERCIAL CONTRACTS BUSINESSMEN WERE BETTER ABLE TO AND PROTECT THEIR INTERESTS.
BECAUSE
CONTROL THE VIEW THAT MAINTAINED IT
THEIR BUSINESS NEGOTIATE
CONTRACTS
THE ORDINANCE LOST THE
MISS LOH ALSO POINTED OUT THAT SECTION 13(3) OF HAD THE EFFECT THAT IF A BUYER ACCEPTED DEFECTIVE GOODS, HE RIGHT TO REJECT THEM AND COULD ONLY RESORT TO CLAIMING DAMAGES.
THE
ΤΟ HAVE BREN ONE OF THE SITUATIONS IN WHICH THERE WAS DEEMED
WAS ORDINANCE
WHEN ACCEPTANCE PROVIDED UNDER SECTION 37 OF THE BUYER EXPRESSLY ACCEPTED THE GOODS.
A
IN RELATION TO EXPRESS ACCEPTANCE, IT IS COMMON PRACTICE FOR
AND BEFORE BUYER TO BE ASKED TO SIGN A NOTE ON DELIVERY OF THE GOODS THE BUYER HAS HAD A CHANCE TO EXAMINE THE GOODS.
BUYER CANNOT BE SECTION 36(1) OF THE ORDINANCE STATES THAT A
WHICH HE HAS NOT HAD A REASONABLE DERMED TO HAVE ACCEPTED GOODS CHANCE OF EXAMINING.
RESULT UNLESS HE HAD HAD A
THIS SECTION BE AMENDED TO THE COMMISSION RECOMMENDED THAT STATE CLEARLY THAT THE SIGNING OF AN ACCEPTANCE NOTE WOULD NOT IN THE LOSS OF THE CONSUMER'S RIGHT TO REJECT REASONABLE OPPORTUNITY TO EXAMINE THE GOODS.
SERVICES, MISS LOH SAID
ON THE OBLIGATIONS OF A SUPPLIER OF THAT COMMON LAW PRINCIPLES WERE APPLICABLE WITH REGARD TO THE QUALITY OF THE SERVICES, THE TIME FOR PERFORMANCE AND IT, BUT THERE WAS NO STATUTE IN HONG KONG IN THIS AREA.
THE CONSIDERATION FOR
HONG KONG ADOPT LEGISLATION SERVICES ACT 1982 WHICH
THE COMMISSION RECOMMENDED THAT SIMILAR TO THE ENGLISH SUPPLY OF GOODS AND SET OUT THE MAIN COMMON LAW OBLIGATIONS.
THE COMMISSION EXAMINED THE EXISTING OBLIGATION OF A SELLER OF GOODS "OF GOODS UNDER
ORDINANCE TO SUPPLY THE SALE OF GOODS MERCHANTABLE QUALITY AND REASONABLY FIT FOR THEIR PURPOSE" IN
16.
SAID, LOH
SECTION
A NEGATIVE ESSENTIALLY WAS 16, SECTION
MISS
EFFECT STATEMENT WITH EXCEPTIONS. IN ITS PRESENT FORM, THE SECTION IN SAID THAT EXCEPT AS PROVIDED HERE AND IN OTHER STATUTES, THERE WAS IMPLIED TERM AS TO QUALITY.
NO
/THE COMMISSION