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Discuss this case with emphasis on:1. difference between action in contract and action in tort;2. the decision of the High Court in 1997;3. the decision of the Court of Appeal in 1998; and4. the decision of the Court of Final Appeal in 1999.Readings:• Hill J (2000) “Defects and negligence- The Bank of East Asia, Legal Update,The Hong Kong Construction Manager, March:12-13. (Attachment No. 1)• Rae S.W. (2000) “Time for action”, Engineering and the Law, Asia Engineer,The Journal of the Hong Kong Institute of Engineers, May 16-18. (AttachmentNo. 2)

Question

Discuss this case with emphasis on:1. difference between action in contract and action in tort;2. the decision of the High Court in 1997;3. the decision of the Court of Appeal in 1998; and4. the decision of the Court of Final Appeal in 1999.Readings:• Hill J (2000) “Defects and negligence- The Bank of East Asia, Legal Update,The Hong Kong Construction Manager, March:12-13. (Attachment No. 1)• Rae S.W. (2000) “Time for action”, Engineering and the Law, Asia Engineer,The Journal of the Hong Kong Institute of Engineers, May 16-18. (AttachmentNo. 2)

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Solution

  1. The difference between action in contract and action in tort refers to the legal remedies available in cases involving breach of contract and cases involving negligence or wrongful acts. In a contract, the parties have entered into a legally binding agreement, and if one party fails to fulfill their obligations under the contract, the other party can bring an action for breach of contract. This typically involves seeking damages or specific performance to enforce the terms of the contract.

On the other hand, an action in tort arises when one party has caused harm or injury to another through negligence or intentional wrongdoing. In this case, the injured party can bring a tort claim seeking compensation for the harm suffered. Unlike a contract, where the parties have voluntarily entered into an agreement, a tort claim can arise even in the absence of a contractual relationship.

  1. The decision of the High Court in 1997 refers to a specific ruling made by the High Court in that year. Unfortunately, without access to the specific case or the details provided in the readings, it is not possible to provide a detailed analysis of the decision. However, it is important to note that the High Court is a superior court of record in many jurisdictions, and its decisions often carry significant weight and influence.

  2. The decision of the Court of Appeal in 1998 refers to a ruling made by the Court of Appeal in that particular year. Again, without access to the specific case or the details provided in the readings, it is not possible to provide a detailed analysis of the decision. However, the Court of Appeal is an intermediate appellate court that hears appeals from lower courts and its decisions can have a significant impact on the outcome of a case.

  3. The decision of the Court of Final Appeal in 1999 refers to a ruling made by the highest appellate court in the jurisdiction in that year. The Court of Final Appeal is the final court of appeal in many legal systems and its decisions are binding on all lower courts. Without access to the specific case or the details provided in the readings, it is not possible to provide a detailed analysis of the decision. However, it is important to note that the decision of the Court of Final Appeal often sets important legal precedents and can have a significant impact on future cases.

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