Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Reliance/inducement
  • 23 Mar 2016

    LI CHO KWAN v. OLIVEIRO LANA AND ANOTHER

    Citation
    LI CHO KWAN v. OLIVEIRO LANA AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCA505/2012

    HKBA was within the scope of authority to pass vendor information and thus made representations on behalf of the vendor; the Business Profile representations were statements of existing fact and, when false, were actionable; the disclaimer/remark and entire agreement wording did not render those written representations non-actionable nor did they exclude vendor liability; plaintiff actually relied on the representations and was induced to enter the SPA; the representations were false on balance of probabilities; rescission was validly effected by plaintiff and remedies including restitution a…