Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Minimum payment clause
  • 14 Jun 1985

    SUN HUNG KAI CREDIT LTD v. SZETO YUK MEI AND OTHERS

    Citation
    SUN HUNG KAI CREDIT LTD v. SZETO YUK MEI AND OTHERS
    Court
    District Court
    Case number
    DCCJ3549/1985

    The guarantor is bound by the signed guarantee despite his claimed mistake because he was careless in signing a blank document; the guarantee was supported by consideration because the plaintiff's delivery occurred upon entering the hire purchase agreement and any earlier dealer delivery was a bailment at will, not the plaintiff's delivery; the phrase "hire charges up to the termination hereof" in condition 7(1)(e) is void for uncertainty and the court will not import the Rule of 78 to rectify that uncertainty, but the uncertainty does not void the entire minimum payment clause and the plaint…