CO129-523-1 Reclamation work at North Point- a general plan of port of Hong Kong showing extent... 27-12-1929 - 12-6-1930 — Page 34

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the quay wall will be carried out so far

as is compatible with the plans of the

Government for the development of the area".

The only representation of fact that can be extracted

from these letters is a representation that the

Government in fact at the date in question proposed

to reclaim eastward, and proposed to protect that

reclamation by a sea wall similar in design to

Mr. Kwik's. The only promise, on the other hand,

which can be extracted is a promise that any future

reclamation would be protected by a vertical sea wall

continuous with Mr. Kwik's. The representation

There

was true and the promise has not been broken.

was no representation or promise that there would be

any reclamation eastward.

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are:-

The two forms of proceeding open to Mr. Kwik

(a) An action for the rescission of the

(b)

contract on the ground of misrepresentation;

and

an action for damages for breach of

contract.

I cannot imagine any court rescinding the present

contract because it would be quite impossible to

restore the status quo, but apart from that

consideration I think that the action for rescission

would fail because the plaintiff could not prove any

false representation. On the other hand, I think

that an action for damages for breach of contract

would fail because I cannot see what promise we have

broken. I may add that an action for damages on

the