Course: The Reasonableness Test in the CECO: Special Issues
Code: LP02-CP06
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 in determining the validity of an exemption clause. The court, in its application, is provided with guidelines in Schedule 2 of the same ordinance.
Both the application and the guidelines are covered in the first of two courses on the Reasonableness Test. In this second part, we will examine the application of the Reasonableness Test in the context of the following issues:
Bailment and determining liability from negligence
The restriction of liability to a sum of money
The effect of breach on the Reasonableness Test
The provisions for the application of the Reasonableness Test in misrepresentation
Please note that since the ordinance is based on the United Kingdom's Unfair Contract Terms Act ("UCTA"), this course will cite cases from the UK and Hong Kong Special Administrative Region to illustrate the application of the Reasonableness Test.
At the end of the 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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