168
Capacity to buy and sell.
Mode of making contract of sale.
Contract of sale for $100 and upwards.
Existing or
No. 4.] THE ORDINANCES OF HONGKONG: [A.D. 189
4.-(1.) Capacity to buy and sell is regulated by the general law concerning capacity to contract and to transfer and acquire property: provided that where necessaries are sold and delivered to an infant or minor or to a person who, by reason of mental incapacity or drunkenness, is incompetent to contract, he must pay a reasonable price therefor.
(2.) Necessaries in this section mean goods suitable to the condition of life of such infant or minor or other person, and to his actual requirements at the time of the sale and delivery.
Formalities of Contract.
5. Subject to the provisions of this Ordinance and of any enactment in that behalf, a contract of sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be implied from the conduct of the parties: provided that nothing in this section shall affect the law relating to corporations.
6.-(1.) A contract for the sale of any goods of the value of one hundred dollars or upwards shall not be enforceable by action unless the buyer accepts part of the goods so sold, and actually receives the same or gives something in earnest to bind the contract or in part payment, or unless some note or memorandum in writing of the contract is made and signed by the party to be charged or his agent in that behalf.
(2.) The provisions of this section apply to every such contract, notwithstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof or rendering the same fit for delivery.
(3.) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale, whether there is an acceptance in performance of the contract or not.
Subject-Matter of Contract.
7.-(1.) The goods which form the subject of a contract of sale may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contract of sale, in this Ordinance called "future goods."
(2.) There may be a contract for the sale of goods, the acquisition of which by the seller depends upon a contingency which may or may not happen.
168
Capacity to buy and sell.
Mode of making
contract of sale.
Contract of
sale for $100 and upwards.
Existing or
No. 4.] THE ORDINANCES OF HONGKONG: [A.D. 189
4.-(1.) Capacity to buy and sell is regulated by the general law cerning capacity to contract and to transfer and acquire property: vided that where necessaries are sold and delivered to an infant or mi or to a person who, by reason of mental incapacity or drunkenness, in competent to contract, he must pay a reasonable price therefor.
(2.) Necessaries in this section mean goods suitable to the condition *** life of such infant or minor or other person, and to his actual requirement at the time of the sale and delivery.
Formalities of Contract,
5. Subject to the provisions of this Ordinance and of any enactmen in that behalf, a contract of sale may be made in writing (either witho without seal), or by word of mouth, or partly in writing and partly word of mouth, or may be implied from the conduct of the parties: vided that nothing in this section shall affect the law relating to corpora - tions.
6.-(1.) A contract for the sale of any goods of the value of one hundred dollars or upwards shall not be enforceable by action unless the buyer accepts part of the goods so sold, and actually receives the same or gives something in earnest to bind the contract or in part payment, or unless some note or memorandum in writing of the contract is made and signed by the party to be charged or his agent in that behalf.
(2.) The provisions of this section apply to every such contract, not- withstanding that the goods may be intended to be delivered at some future time, or may not at the time of such contract be actually made procured, or provided, or fit or ready for delivery, or some act may requisite for the making or completing thereof or rendering the same for delivery.
(3.) There is an acceptance of goods within the meaning of this section when the buyer does any act in relation to the goods which recognizes a pre-existing contract of sale, whether there is an acceptance in performe ance of the contract or not.
Subject-Matter of Contract.
7.-(1.) The goods which form the subject of a contract of sale may future goods. be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of the contrac of sale, in this Ordinance called "future goods."
4(2.) There may be a contract for the sale of goods, the acquisition which by the seller depends upon a contingency which may or may not happen.
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