12 Dec 2024
TANG YANG v. QIU SHICHANG
- Citation
- [2024] HKDC 2086
- Court
- District Court
- Case number
- DCCJ2922/2022
Clause 8 applies where the vendor failed to complete in accordance with the agreement; the defendant breached clauses 5(e) and 5(f) and those provisions are best characterised as intermediate terms (capable of fundamental breach); the breaches were fundamental and undermined the contract, entitling the plaintiff to terminate and to the refund of deposits and liquidated damages; alternatively the agreement contained an implied term that completion was subject to the purchaser's reasonable satisfaction of due diligence and that was breached, producing the same result.