30 Nov 2001
LOK KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER
- Citation
- LOK KIT SHUM AND OTHERS v. IP YUI SUN AND ANOTHER
- Court
- District Court
- Case number
- DCCJ9259/2001
On the evidence the court found on the balance of probabilities that by 26 April a legally binding and sufficiently certain contract existed: the signed memorandum, payment of a substantial deposit and subsequent partial performance (handover, dismissal/severance payments and defendants' commencement of business) established intent to be bound and created contractual obligations; uncertainty as to subsidiary matters did not defeat formation; both defendants were jointly and severally liable for breach and the appropriate damages were awarded to restore the plaintiffs to their pre-contract pos…