Question $1(50\%)$Question $2(50\%)$

Analyse what the principle$($s$)$ of relevant Law is and$/$or are adopted and

answer the queries in the following cases:$-$

$2$ a Mr Tan offered to purchase shares in the claimant company at the

price of HK$$45\mathrm{.}00$ per share. Two months later the claimant

accepted his offer by which time the shares at the price of

HK$$42\mathrm{.}00.$ However, Mr Tan refused to go through with the sale.

Whether Mr Tan should pay the difference of the price for his offer

or it is claimable by the claimant? Explain?

$2$ b Dr Atkin looked at the menu and ordered a bottle of coffee produced

by a famous coffee manufacturer at Star Caf$,$ a pretty young lady

brought the bottle of coffee with clear glass and some ice. Dr Atkin

paid for that order and focused on the lady how nicely to serve the

coffee into the glass who found so pleasure without any problem.

Unfortunately, he found a dead ant in the glass of coffee indeed.

What do you observe under the above circumstance?

$2$ c Duncan joined a construction company and seconded to work as a

salesman for the construction plant and required to work for $50$

hours per week. He found that he signed to work for $44$ hours per

week under an employment contract without seal at the time before

he left the company. Whether he is still able to claim for the

additional working hours or not.

$2$ d Mr Fox made an advertisement to sell his flat in HK$$9$ million and

receive a phone call from the claimant who offered to buy his flat

on Tuesday and subject to the agreement to be made by the

weekend. Mr Fox confirmed to sell his flat to Miss Pink in HK$$9\mathrm{.}5$

million and told the claimant this. Therefore, the claimant took an

appeal of the action to the tribunal and asked for the share of the

profit HK $$250,000\mathrm{.}00.$ Whether the claimant appeal be a success

or not? Explain?

END OF PAPER $-$

Hospital Authority is going to make a proposal to build a new and well$-$equipped hospital

in Tsing Yi$.$ Since this proposed project is considered as a major development for

Hospital Authority, the HKSAR is concerned with the aspects of cost$,$ quality and time.

The Hospital Authority expects to have a clear indication of the cost implications before

putting the cost proposal of this particular project forward to Financial Committee under

the Legislative Council for funding consideration and approval. Hospital Authority is also

concerned with the cost$-$control aspect and intends to commence the work at a

reasonable time due to the public accountability and expectation.

Please give advice to the Hospital Authority with appropriate reasons, in choosing the

most appropriate Tendering Method and Contractual Arrangement for this proposal

of the new construction of a well$-$equipped hospital in Tsing Yi for the user's

consideration.

Please also provide your suggestions of another important areas in the aspects of

i$)$ Payment Term, ii$)$ Variation Evaluation, iii$)$ Insurance and Bond, iv$)$ Extension of

Time, v$)$ Dispute Resolutions and vi$)$ Liquidated Damage in accordance with the

terms and conditions set in the proposed contract.