Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Ostensible/actual authority of agent

Legal area

Court

18 May 1990

CHENG KWOK FAI v. MOK YIU WAH PETER AND ANOTHER

Citation

CHENG KWOK FAI v. MOK YIU WAH PETER AND ANOTHER
Court

Court of First Instance
Case number

HCA3281/1989

The agent supplied the sketch stating 950 sq.ft., but on the facts the agent acted for the purchaser in providing the agent's own records and not on the vendors' authority; therefore the vendors were not responsible for the misrepresentation. Alternatively, even if the misrepresentation were attributed to the vendors, Clause 20 excluding reliance on pre-contractual representations is fair and reasonable under s.4 Misrepresentation Ordinance and bars the purchaser's claim. Accordingly the purchaser's action is dismissed and the vendors' counterclaim succeeds in principle.
14 Dec 1988

WONG FUK MING t/a KAM FUNG ENGINEERING COMPANY v. TAI HING CONSTRUCTION CO. LTD.

Citation

WONG FUK MING t/a KAM FUNG ENGINEERING COMPANY v. TAI HING CONSTRUCTION CO. LTD.
Court

Court of First Instance
Case number

HCA3395/1987

The defendant was bound by the oral assurance given by its clerk (who possessed at least ostensible and, on the facts, inferred actual authority) that it would not require the plaintiff to perform the extra works listed in the written agreement; the plaintiff signed in reliance on that promise and therefore remained entitled to final payment calculated on Sanfield's ultimate assessment (as determined by the court); the defendant's counterclaim for costs of the extra work fails.