Course: The Reasonableness Test in the CECO: Fundamentals and Application
Code: LP02-CP05
Duration: 1.0 Hour
CPD Credit: 1 CPD Point
Section 3 of the Control of Exemption Clauses Ordinance ("CECO") provides for the application of the Reasonableness Test ("Test") in determining the validity of an exemption clause. In applying this Test, the court is provided with guidelines in Schedule 2 of the same ordinance.
Both the Test's application and the guidelines are the subject of this first of a two-course series on the Reasonableness Test. Because the court has determined that the application of the Test is unique to every clause, you will find it valuable to survey relevant cases to understand its finer distinctions.
In this first of two courses on The Reasonableness Test you will learn about:
The history of the CECO and analysis on the application of the Reasonableness Test.
The guidelines for the application of the Test and case examples of how they are used.
Section 3 of the CECO and case examples of how the Test is applied particularly to the exclusion of negligence.
Please note that since the ordinance is based on the United Kingdom's Unfair Contract Terms Act ("UCTA"), this course will rely heavily on precedents from the UK and Hong Kong Special Administrative Region to illustrate the application of the Reasonableness Test.
At the end of this course, you will take a multiple-choice test. Its results will determine your CPD accreditation for completing this course.
Jeremy Leifer
Jeremy (jeremy.leifer@deacons.com.hk) is a partner at Deacons, one of Hong Kong's and Asia's leading corporate law firms providing an extensive range of legal services to local and international corporations with business interests in Asia.
Leiferšs main areas of practice are corporate finance (including corporate restructurings, listed company rescues, and takeovers) and corporate and commercial work. His experience includes: direct investment; joint venture/shareholders agreements; acquisitions and disposals (for public and private companies, cross border and domestic); corporate reorganisations;
and general corporate work and commercial agreements.
He was admitted to the Supreme Court of England and Wales in 1988 and the High Court of Hong Kong in 1990. Leiferšs educational achievements include the London School of Economics (LLB) and Solicitors Finals (England).
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